Equality of Opportunity in Public Employment : Judicial Perspectives on Backwardness

This thesis is a study of -Equality of Opportunity in Public Employment : Judicial Perspectives on Backwardness. This study is an attempt to evaluate the concept of backwardness and equality of opportunity in employment and to assess the judicial perspectives in relation to them. The study reveals that the recent review petition of the Constitution Bench did not assess the decision of Chakradhar and its import. The study reveals that the Indian judiciary could successfully locate and apply the above principles. It was-Justice Subba Rao's nascent attempt in Devadasan which marked the starting point of such a jurisprudential enquiry. Later Thomas developed the thoughts by a reading new meaning and content to equality provisions of the Constitution which included the elimination of inequalities as the positive content of Articles 14 and 16(1) and elevated reservation provision to the same status of equality principles under the Constitution. Soshit, Vasanth Kumar and Mandal supplemented further to the jurisprudential contents. In this process, the courts were guided by the theories of John Rawls, David Miller, Ronald Dworkin, Max Weber and Roscoe Pound. Thus there was a slow and steady process of transformation of the reservation provision. From an anti-meritarian, unenforceable and enabling provision, it reached a stage of equally relevant and explanatory part of fundamental right to equality. Mandal viewed it as a part of sharing of State power. Though this can be seen by rereading and re-joining thoughts of judges in this regard, the judicial approach lacks coherence and concerted efforts in evolving a jurisprudential basis for protective discrimination. The deliberations of the framers of the Constitution reveals that there was much confusion and indeterminacy with regard to the concept of Backwardness. The study shows that the judiciary has been keeping intact the framers’ expectation of having a reasonable quantum of reservation, preventing the undeserved sections from enjoying the benefit, avoiding its abuse and evolving a new criteria and rejecting the old ones.

A Study on the Reversed Lack of Memory Property and its Generalizations

In this thesis, the concept of reversed lack of memory property and its generalizations is studied.We we generalize this property which involves operations different than the ”addition”. In particular an associative, binary operator ” * ” is considered. The univariate reversed lack of memory property is generalized using the binary operator and a class of probability distributions which include Type 3 extreme value, power function, reflected Weibull and negative Pareto distributions are characterized (Asha and Rejeesh (2009)). We also define the almost reversed lack of memory property and considered the distributions with reversed periodic hazard rate under the binary operation. Further, we give a bivariate extension of the generalized reversed lack of memory property and characterize a class of bivariate distributions which include the characterized extension (CE) model of Roy (2002a) apart from the bivariate reflected Weibull and power function distributions. We proved the equality of local proportionality of the reversed hazard rate and generalized reversed lack of memory property. Study of uncertainty is a subject of interest common to reliability, survival analysis, actuary, economics, business and many other fields. However, in many realistic situations, uncertainty is not necessarily related to the future but can also refer to the past. Recently, Di Crescenzo and Longobardi (2009) introduced a new measure of information called dynamic cumulative entropy. Dynamic cumulative entropy is suitable to measure information when uncertainty is related to the past, a dual concept of the cumulative residual entropy which relates to uncertainty of the future lifetime of a system. We redefine this measure in the whole real line and study its properties. We also discuss the implications of generalized reversed lack of memory property on dynamic cumulative entropy and past entropy.In this study, we extend the idea of reversed lack of memory property to the discrete set up. Here we investigate the discrete class of distributions characterized by the discrete reversed lack of memory property. The concept is extended to the bivariate case and bivariate distributions characterized by this property are also presented. The implication of this property on discrete reversed hazard rate, mean past life, and discrete past entropy are also investigated.

A study on fuzzy semi inner product spaces

Mathematical models are often used to describe physical realities. However, the physical realities are imprecise while the mathematical concepts are required to be precise and perfect. Even mathematicians like H. Poincare worried about this. He observed that mathematical models are over idealizations, for instance, he said that only in Mathematics, equality is a transitive relation. A first attempt to save this situation was perhaps given by K. Menger in 1951 by introducing the concept of statistical metric space in which the distance between points is a probability distribution on the set of nonnegative real numbers rather than a mere nonnegative real number. Other attempts were made by M.J. Frank, U. Hbhle, B. Schweizer, A. Sklar and others. An aspect in common to all these approaches is that they model impreciseness in a probabilistic manner. They are not able to deal with situations in which impreciseness is not apparently of a probabilistic nature. This thesis is confined to introducing and developing a theory of fuzzy semi inner product spaces.

“Documentary Credit Law : An Indian Perspective"

This is a study in international trade law. Documentary credits are the most common method of payment for goods in international trade. In India also these instruments are used both in national and international trade. The law governing these transactions remains haphazard. This study identifies the deficiencies in the regulatory framework for documentary credits in India. It primarily focuses on those areas which exhibits a lack of equality and justice in its operation. An attempt has also been made to identify the rights and duties of parties involved in the transaction. The reasons for the increase of fraudulent activities associated with the documents executed in the documentary credit transactions are also examined. How far the law in India is sufficient to ensure fair business practice in international trade financing is also examined. Methodology adopted for the study is analytical. The statutory provisions, rules and case laws under these provisions have been examined. An empirical study by personal interview with the bankers is also made to ascertain the practice of bankers in India.