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Mr DAM, Shubhankar

BCL (University of Oxford)
LLM (Harvard Law School)

Associate Professor

Dr ONG, Rebecca

Contact Information

Office: AC1-P5305
Phone: +(852)-3442-9133
Email: shubdam@cityu.edu.hk

Research Interests

  • Constitutional law and governance in India
  • Executive Powers
  • Comparative Constitutional Law
  • Introduction to Legal Methods
  • Legal Ethics

Research Awards and Grants

  • Seventh Stanford-Harvard International Faculty Forum, Stanford Law School, Stanford, 2014 (one of 8 papers selected from around the world).
  • Visiting Fellow, Centre for Study of Developing Societies, New Delhi, India, 2014-15.
  • Fifth Princeton-Illinois-UCLA Comparative Law Workshop, Illinois College of Law, Urbana Champaign, 2013 (sponsored by the American Society of Comparative Law; one of the 7 papers selected based on submissions globally).
  • Singapore Management University Ministry of Education Tier II Research Grant, 2013 (“Powerful Pens: A Global Theory of Presidential Legislation”).
  • Inaugural Young Scholars Workshop on Socio-legal Studies, National University Singapore Law Faculty, 2013 (one of the 18 papers selected based on submissions from around the world).
  • Visiting Fellow, Indian Institute of Advanced Study, Shimla, India, 2012.
  • Singapore Management University Ministry of Education Tier II Research Grant, 2012 (“The Dénouement: Parliamentary Dissolution in Comparative Perspective”).
  • Singapore Management University Ministry of Education Tier II Research Grant, 2011 (“India's Tudors: The Independent Power to Legislate in a Parliamentary System”)
  • John Fleming Visiting Scholar, Australian National University College of Law, Canberra, Australia, 2010.
  • Singapore Management University Ministry of Education Tier II Research Grant, 2010 (“Presidential Dialogue: “Executive Influence” over Primary Legislation in the Indian Constitution”).
  • Singapore Management University Ministry of Education Tier II Research Grant, 2009 (“The Lawless State: State and Statutory Immunity in Administrative Law”).
  • Singapore Management University Ministry of Education Tier II Research Grant, 2008 (“Wages of War: Lawyers, Judges and the Struggle for Pakistan's Democracy”).
  • Harvard University Dana Scholar, Harvard Law School, 2006-07.
  • Felix Scholar, Brasenose College, University of Oxford, 2005-06.

Teaching Awards and Grants

  • Singapore Management University School of Law Teaching Excellence Award, 2015 (made ineligible by resignation).
  • Singapore Management University School of Law Most Outstanding Teacher Award, 2014.
  • Singapore Management University School of Law Teaching Excellence Award, 2013.
  • Singapore Management University Most Promising Teacher Award, 2011.
  • Singapore Management University School of Law Teaching Excellence Award, 2011.
  • Singapore Management University School of Law Most Promising Teacher Award, 2010.
  • Faculty Development Grant, Centre for Teaching Excellence, Singapore Management University 2009 (to attend the International Management Teachers Academy, Bled, Slovenia)

Selected Interviews

  • Business Standard, “Ordinances have undermined our parliamentary system”, July 26, 2015.
  • Frontline Magazine, “The Arrogance of Alternatives”, January 23, 2015.
  • Bar & Bench, “Indian courts have been remarkably reticent when it comes to ordinances”, January 20, 2014.
  • Livemint (in association with Wall Street Journal), “Decoding India’s Ordinance System”, January 10, 2014.

Books

  • Governing With a Pen: The Ordinance System in India (in contract with Oxford University Press).
  • Presidential Legislation in India: The Law and Practice of Ordinances (Cambridge University Press: New York, 2014) (Comparative Law and Policy Series) +xvii, 259 pp., ISBN 978-1-107-03971-1

Selected Articles

  • Making Parliament Irrelevant: A Postcard from India, Theory and Practice of Legislation (2016) (forthcoming)
  • An Institutional Alchemy: India’s Two Parliaments in Comparative Perspective, 39 (2) Brooklyn Journal of International Law 613 - 655 (2014).
  • International Survey Section: Suresh Kumar Koushal and Another v. NAZ Foundation and Others, Public Law 344-347 (2014).
  • Criminal Wrongs and Constitutional Rights: A View from India, Singapore Academy of Law Journal 714 -735 (2013). (Symposium Issue on ‘Constitutionalism, Rule of law and the Criminal Justice System in Commonwealth Nations’)
  • Public Law and Public Resources in India 129 Law Quarterly Review 34-37 (2013).
  • What is Intermediate Legislative Power?, 35(2) Statute Law Review 1-17 (2012).
  • President’s Legislative Powers in India: 2 ½ Myths, 11(1) Oxford University Commonwealth Law Journal 53-78 (2011).
  • The Constitutional Right to Education in India: Horizontal Dimensions 128 Law Quarterly Review 507-511 (2012).
  • International Survey Section: Judicial Review of Executive Clemency Decisions in Singapore Public Law 159-160 (2012).
  • Constitutional Fiats: Presidential Legislation in India’s Parliamentary Democracy, 24 Columbia Journal of Asian Law 96-154 (2010).
  • Can a Legislative Assembly Function without the Executive Government under the Indian Constitution?, Public Law 233-242 (2008).
  • International Survey Section: Nepalese Supreme Court on LGBT rights under Nepal’s Interim Constitution Public Law 606-608 (2008).
  • Situating the Core and Structure of Experience in Constitutional Interpretation: Judicial Reasoning under the Indian Constitution, 18 Public Law Review 167-182 (2007).
  • Parliamentary Privileges as Façade: Political Reforms and Constitutional Adjudication, 49 Singapore Journal of Legal Studies 162-183 (2007).
  • Unburdening The Constitution: What Has The Indian Constitution Got To Do With Private Universities, Modernity and Nation States?, 48 Singapore Journal of Legal Studies 109-148 (2006).
  • Is A “Polluted” Constitution Worse Than A Polluted Environment?, 17 Journal of Environmental Law 383- 393 (2005) (Co-author)
  • Is the Indian Supreme Court Bound By The Indian Constitution?, Public Law 239-248 (2005).
  • Lawmaking Beyond Lawmakers: The Little Right And The Great Wrong, 13 Tulane Journal of International and Comparative Law 109-140 (2005).
  • Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, 16 Georgetown International Environmental Law Review 593- 616 (2004).
  • Is The Indian Constitution Dependent On A Statute?, Public Law 704-712 (2004).

Book Chapters

  • “The Executive” in Sujit Chaudhury, Madhav Khosla & Pratap Bhanu Mehta eds., Oxford Handbook of Indian Constitutional Law (Oxford University Press, New York, 2016) (forthcoming).
  • “A British Misreading: Sir Ivor Jennings’ Early Assessment of the Indian Constitution” in Harshan Kumarasingham ed., Constitution Making in India (Routledge, Oxford, 2015) (forthcoming).
  • “Legal Ethics” in Michael Hor, Nicholas Poon & Tang Hang Wu eds., Reading Law in Singapore 91-98 (2nd ed., LexisNexis, Singapore, 2014).

Selected op-eds, blog post, and essays

  • Op-ed, “India’s apex court has set off a chain of events that can torpedo Modi’s demonetisation drive”, Quartz, Jan. 15, 2017.
  • Op-ed, “Demonitisation: If only the Modi government and the Indian parliament had looked back at 1978”, Quartz, Dec. 19, 2016.
  • Op-ed, “A beast, unleased”, Week (Anniversary Special Issue), Dec. 18-25, 2016 (along with Soli Sorabjee, HK Dua, Patrick French, Dipankar Gupta, Shiv Vishvanathan, Madhav Godbole, George Matthew and MR Madhavan.)
  • Op-ed, “A constitutional expert explains why Modi government can’t stop Indians from accessing their money”, Quartz, Dec. 1, 2016.
  • Op-ed, “Demonitisation: The wall between the RBI and government must not be breached”, Economic Times, Nov. 27, 2016.
  • Essay, “Words and worth: Why Narendra Modi need not retake his prime ministerial oath”, Scroll India, Nov. 30, 2015.
  • Op-ed, “Collegium 2.0: How Should India Appoint its Judges”, Quartz, November 03, 2015
  • Essay, “Past Expiry: The tenuous grounds for re-promulgating ordinances”, Caravan, Sep., 2015. 
  • Op-ed, “Lok Sabha vs Rajya Sabha: Government needs legislative, not just administrative, majority”, The Economic Times, June 26, 2015.
  • Op-ed, “Repromulgation Game”, The Hindu, June 3, 2015.
  • Blog Post, “Repromulgation of Ordinances in India”, Presidential Power: Presidents and Presidential Politics around the World Blog, May 21, 2015.
  • Blog Post, “Presidential Assent in India”, Presidential Power: Presidents and Presidential Politics around the World Blog, Mar. 19, 2015.
  • Blog Post, “Presidential Ordinances in India: An Analysis”, Presidential Power: Presidents and Presidential Politics around the World Blog, Feb. 6, 2015.
  • Op-ed, “The Crisis in Hong Kong: Can Comparative Law Help?” Jurist: University of Pittsburg School of Law Online Journal, Oct. 22, 2014.
    (The proposal was reported and discussed in the media in Hong Kong and India. Stuart Lau, Is the blank vote option for 2017 chief executive election a realistic idea, South China Morning Post, 13 January 2015; Atul Aneja, Indian jurist’s NOTA proposal could ease Hong Kong tension, The Hindu, 14 January 2015)
  • Op-ed, “Constitutionally Lawless: Ordinance Raj in India” India in Transition Series, Centre for the Advanced Study of India, University of Pennsylvania, Mar. 10, 2014.
  • Op-ed, “India’s Archaic Turn on Equality” Jurist: University of Pittsburg School of Law Online Journal, Dec. 28, 2013.
  • Op-ed, “The Singur Sham” The Indian Express, July 4, 2012.
  • Op-ed, “Mr. Gandhi’s Terror Sermon” Daily Times, Aug. 1, 2011.
  • Op-ed, “A Tale of Judicial Appointments” Jurist: University of Pittsburg School of Law Online Journal, Mar. 23, 2011.
  • Op-ed, “Pakistan’s Dialogic Turn” The Express Tribune (with the International Herald Tribune), Oct. 21, 2010.
  • Op-ed, “Constitutionally Hazardous Ordinances in Pakistan and India” The Friday Times, Oct. 15, 2010.
  • Op-ed, “Iftikhar Chaudhry’s Options: Can the courts remake Pakistani democracy?” Newsweek Pakistan, Oct. 11, 2010.
  • Op-ed, “Judicial Appointments: Notes from India” The Friday Times, Mar. 19, 2010.
  • Op-ed, “The Pakistan’s Lawyers Movement: A Losing Plot?” Jurist: University of Pittsburg School of Law Online Journal, Feb. 06, 2008.
  • Op-ed, “An Insider’s Challenge to Judicial Power” Daily Times, Jan. 18, 2008.
  • Op-ed, “India’s Socialist Constitution?” Daily Times, Jan. 13, 2008.
  • Op-ed, “Lawyers and Great Expectations in Pakistan” Jurist: University of Pittsburg School of Law Online Journal, Nov. 12, 2007.
  • Op-ed, “The Supreme Court and the Hamiltonian Dilemma” Daily Times, Oct. 26, 2007.
  • Op-ed, “Musharraf: A Class by Himself?” The Friday Times, Oct. 12, 2007.
  • Op-ed, “In Defense of the Supreme Court: A Conservative View” Daily Times, Oct. 08, 2007.