Prof Khaitan’s monograph entitled A Theory of Discrimination Law (OUP 2015 hbk, South Asia edition and Oxford Scholarship Online, 2016 pbk) was reviewed very positively in leading journals, including in Law and Philosophy, where Sophia Moreau said "In this magnificent and wide-ranging book ... Khaitan attempts what very few others have tried." In Ethics, Deborah Hellman said that its 'ambitious scope and the careful argumentation it contains make it one of the best in the field’. In his review in the Modern Law Review, Kasper Lippert-Rasmussen claimed that "Khaitan's account is sophisticated, extensive and among the best normative accounts of discrimination law available." Colm O'Cinneide's review in the Oxford Journal of Legal Studies says that "Khaitan’s quest shows up the inadequacies of previous attempts to track down this Holy Grail, and the path he has laid down will encourage others to follow in his footsteps." The book won the Woodward Medal (with a cash prize of 10,000 Australian dollars) in 2019 for making ‘a significant contribution to knowledge in a field of humanities and social sciences.’ Links to reviews of the book are available here.
He co-edited Foundations of Indirect Discrimination Law(Bloomsbury, 2018) with Prof Hugh Collins, and contributed two co-authored chapters to the volume. This collection was the outcome of a major international workshop with leading discrimination law scholars to rethink the moral foundations of the legal prohibition of indirect discrimination in the face of growing judicial hostility towards it. Chapters from the volume have been cited by the Canadian Supreme Court, the Indian Supreme Court, the Court of Appeal for Ontario, the Madras High Court, the Superior Court of Quebec, and the Kerala High Court.
Constitutional Resilience in South Asia(co-edited with Ms Swati Jhaveri & Dr Dinesha Samararatne, Bloomsbury, 2023) was the outcome of a workshop on South Asian public law organised by Prof Khaitan at Melbourne Law School in 2019. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion.
The Entrenchment of Democracy: The Comparative Constitutional Design of Elections, Parties and Voting (co-edited with Profs Tom Ginsburg & Aziz Huq, Cambridge University Press, 2024) was the outcome of a workshop at Chicago Law School in 2022. This volume of essays, available open access, brings together a group of leading political scientists, legal scholars, and political theorists to describe and analyse the body of constitutional law and practice within and upon democratic institutions, in particular examining how constitutional law shapes party systems and electoral democracy.
Hum Bharat Ke Log (We the People of India—co-authored with Surbhi Karwa, Vani Prakashan, forthcoming 2025) is a monograph in Hindi, exploring various facets of constitutionalism in India.