Faculty – Asian University for Women

Mr Gaurav Mukherjee

Global Teaching Fellow

Gaurav Mukherjee is a doctoral campaigner in comparative constitutional law at central european University, Budapest/Vienna, and a Visiting Fellow at the Max Planck Institute for Comparative Public Law & International Law, Heidelberg. Gaurav is a co-convenor of the International Association of Constitutional Law ( IACL ) Research Group on Social Rights and an Assistant Editor of the Review of Democracy. He has been an Equality Law Fellow at the University of Melbourne and is a holder of the indian Law Review Early Career Prize. He has taught courses in comparative constitutional law and political skill at universities in Austria, Italy, Hungary, India, and Bangladesh. His write has appeared or forthcoming in books published by the Oxford University Press, and in journals like the International Journal of Constitutional Law, South African Journal on Human Rights, Verfassungs und Recht in Übersee, the indian Law Review and the University of Oxford Human Rights Hub Journal .
Research
Gaurav ’ s doctoral project concerns the character of the judiciary in facilitating inter-branch dialogue in the adjudication of socioeconomic rights disputes .

research interests
Socioeconomic Rights, Constitutional Design, Separation of Powers
Legal System Reform, Comparative Constitutional Law, Federalism
Publications
Peer Reviewed Journal Articles     
Twin-Track Remedies for Human Rights Violations, forthcoming in International Journal of Constitutional Law ( 2021 ) .
policy Paradigms and Path Dependence in democratic De-Consolidation ( co-author ) ( submitted to Democratization 2021 ) .
Designing Remedies for a Recalcitrant Administration 37 South african Journal on Human Rights 1 ( 2021 ) ( co-author ) .
The Supreme Court of India and The Inter-Institutional Dynamics of Legislated Social Rights 53 ( 4 ) Verfassungs und Recht in Übersee/World Comparative Law 411 ( 2021 ) .
Evictions, Vulnerability and Responsive Constitutionalism in the Covid-19 Lockdown in Cape Town Revista General de Derecho Público/ Review of Comparative Law ( accepted, forthcoming 2021 ) .
democratic Experimentalism in Comparative Constitutional Social Rights Remedies 2 Milan Law Review 75 ( 2020 ) .
Reinvigorating Bicameralism in India, 3 ( 2 ) University of Oxford Human Rights Hub Journal 96 ( 2020 ) ( co-author ) .
The Supreme Court and executive law-making : the afterlife of fail ordinances in Krishna Kumar Singh II ( 2018 ) 2 ( 1 ) indian Law Review 1 ( achiever of the indian Law Review Early Career Prize 2017 ) .
The ‘ Disabled ’ as a Neutral Subject of Law : utopian Discourse or Pragmatic Paradigm ? ( 2014 ) 3 ( 2 ) Christ University Law Journal 1 .
What is the confusion Over Dilution ? : Towards a Meaningful Understanding of Section 29 ( 4 ) of the Trademarks Act, 1999 ( 2011 ) 4 indian Journal Intellectual Property Law 139 ( co-author ) .
 
Encyclopedia Entries
 
Transformative Constitutionalism, in Rainer Grote, Frauke Lachenmann, and Rüdiger Wolfrum ( eds. ), Max Planck Encyclopedia of Comparative Constitutional Law ( MPECCoL ) ( under contract, forthcoming 2021 ) .
 
Book Chapters
Social Rights in India & Asia, in Mila Versteeg & Neha Jain ( eds. ), Oxford Handbook on Comparative Human Rights Law ( Oxford University Press, 2023 ) ( with Arun Thiruvengadam ) .
Pandemic Federalism, in Matteo Nicolini, et.al. ( eds. ), local Governance in Federal Systems Comparative and Alternative Approaches to the Traditional Paradigm ( Brill – Martinus Nijhoff, 2022 )
The Case Against Excluding Minority Institutions from the Right to Education Act, in Salman Khurshid, Lokendra Malik, and Yogesh Pratap Singh ( eds. ), The Supreme Court and the fundamental law : An indian Discourse ( Wolters Kluwer, 2020 ) .
Rethinking the Rule of Law as an index of Development : A Research Agenda, in Constitutional Rights To Welfare In India ( Oxford University Press, Forthcoming 2021 ) ( with Sudhir Krishnaswamy ) .
Reports
 
co-author, Land Governance Assessment in Karnataka State : backdrop Reports and Analysis of Indicators, Land Governance Assessment Framework, World Bank, 2014 .
co-author, Poised For change : first Country Report of India Submitted in Pursuance of Article 35 of the UN Convention on the Rights of Persons with Disabilities ( UNCRPD ), Ministry of Social Justice and Empowerment, Government of India, New Delhi, 2012 .
 

Legal Blogs
As guest editor program of symposium
Social Rights and Covid-19 : Guest Editor ’ s Introduction, 12 May 2020, International Association of Constitutional Law Blog .
As generator
Bicameralism and The Rule of Law : Reining in The Abuse of Money Bills in Legislative Procedure, IACL Democracy 2020 Blog, 25 November 2020 .
Miller/Cherry 2 Goes to Kashmir : Using the Effects Test in the Judicial Review of Executive Decisions to Halt Legislative Consideration, Verfassungsblog, 11 October 2019 .
symposium : crisis at the Supreme Court of India ? – ‘ A Moment of Self-Reckoning for the Supreme Court of India ? Reflections on the Judges ’ Press Conference ’, International Association of Constitutional Law Blog, 17 May 2018 .
Bărbulescu v. Romania : The future step in the Continuing Struggle for Standards for Workplace Communication Monitoring, Oxford Human Rights Hub Blog, 31 October 2017 .
Resuscitating Workplace Privacy ? A brief Account of the Grand Chamber Hearing in Bărbulescu

  1. Romania, Strasbourg Observer (with James Patrick Wookey), 20 December 2016.

Who Benefits From India ’ s Move to Ban Commercial Surrogacy ?, Oxford Human Rights Hub Blog, 23 September 2016 .
The Out of School Children Case : A Model for Court-Facilitated Dialogue ? ( with Jayna Kothari ), Oxford Human Rights Hub Blog, 18 September 2015 .
The Prior Sanction Requirement under Indian Public Law, Oxford Human Rights Hub Blog, 18 May 2015 .
Whittling away the Right to Education, Law and other Things, 30 May 2014 .
Opinion & Analysis in Popular Press        
constitutional resistance and resilience, First Post, 25 December 2019 .
By threatening Kerala ’ s government for enforcing Sabarimala regulate, Amit Shah breached his oath as MP ( with Malavika Prasad ), Scroll, 17 November 2018 .
Waning legislative charm, lack of clean deputation flags need to redefine Rajya Sabha ’ sulfur functioning, First Post, 14 May 2018 .
The SC must end enthusiast federalism ( with Sudhir Krishnaswamy ), The Hindu, 10 February 2016 .
Ideology is not a crime, Kerala High Court Makes it Clear, The Wire, 8 June 2015 .
India ’ s Civil Nuclear Programme : price of political Opportunism, Deccan Herald, 19 November 2014 .
Grey Areas in Recovering Black Money Stashed in Foreign Banks, Hindustan Times, 17 October 2014 .
back to the Drawing Board, The Indian Express, 4 June 2014 .
Deciding the Delhi Assembly Question, Justly ( with Sudhir Krishnaswamy ), The Hindu, 8 May 2014.

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