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2014

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Constitutional Law

Khagesh Gautam

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Full-Text Articles in Law

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, …

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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.

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Fundamental Right To Free Primary Education In India A Critical Examination Of Society For Unaided Private Schools Of Rajasthan V. Union Of India, Khagesh Gautam Mar 2014

Fundamental Right To Free Primary Education In India A Critical Examination Of Society For Unaided Private Schools Of Rajasthan V. Union Of India, Khagesh Gautam

Khagesh Gautam

In 2002, the Constitution of India was amended and article 21A was inserted into Part III of the Constitution that provides for Fundamental Rights. Article 21A, styled as a positive right, provided for free and compulsory education to all children between the age of 6 and 14 years. To enforce this positive right, the Parliament enacted the Right of Children to Free and Compulsory Education Act of 2009. The Act, amongst other things, provided for horizontal affirmative action by reserving 25% seats in all schools (i.e. State run, State funded or Privately run) in favour of Scheduled Castes, Scheduled Tribes …

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