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Khagesh Gautam

2014

Comparative and Foreign Law

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Protecting Free Exercise Of Religion Under The Indian And The United States Constitutions - The Doctrine Of Essential Practices And The Centrality Test, Khagesh Gautam Prof. Oct 2014

Protecting Free Exercise Of Religion Under The Indian And The United States Constitutions - The Doctrine Of Essential Practices And The Centrality Test, Khagesh Gautam Prof.

Khagesh Gautam

Free-exercise of religion is a constitutionally protected right under both U.S. and Indian Constitutions. The U.S. Supreme Court has traditionally reviewed the constitutional claims arising out of the U.S. Constitution’s Free Exercise Clause in a ‘religion-neutral’ way. The Indian Supreme Court reviews similar claims in a ‘religion-central’ way. While the U.S. Supreme Court does not examine the sincerity of the religious belief and the centrality or essentialness of the religious practice while reviewing a free-exercise claim, the Indian Supreme Court does look into these things in order to see whether a given religious act should be given free-exercise protection.
However, …


Taxing Offshore Transactions In India And The Territoriality Clause - A Case For Substantial Constitutional Limitations On Indian Parliament's Power To Retrospectively Amend The Income Tax Act, Khagesh Gautam Jun 2014

Taxing Offshore Transactions In India And The Territoriality Clause - A Case For Substantial Constitutional Limitations On Indian Parliament's Power To Retrospectively Amend The Income Tax Act, Khagesh Gautam

Khagesh Gautam

No abstract provided.