Judicial Creativity in Constitutional Interpretation

The focus of study in this thesis is on the necessity and extent of judicial creativity in interpreting provisions in certain crucial areas in the Constitution of India. Judicial innovation was essential to adapt the constitutional provisions to modern changed context. Creativity of the Court has been mainly in the creation and introduction of certain new concepts not found in any specific provision of the Constitution which, but were essential for its meaningful interpretation.Independence of the judiciary, basic structure and certain elements of social justice cherished as ideal by the makers of the Constitution are some such concepts infused into the Constitution by the judiciary. The second aspect of creativity lies in the attempt of the Court to construe provisions in the Constitution with a view to upholding and maintaining the concepts so infused into the Constitution. Introduction of those concepts into the Constitution was necessary and is justified. all important features of the Constitution like democratic form of government, federal structure, judicial review, independence of judiciary and rule of law were thus included in the doctrine to prevent their alteration by amendments.As a result of such a construction, the nature of those directive principles itself has changed. They ceased to be mere directives for state action but became mandate for it. If left to legislative or executive will for their implementation, the directives would have remained enforceable as ordinary right.To conclude, notwithstanding the errors committed by the Supreme Court in construing the provisions in the above areas, they stand testimony to its creative and innovative response in interpreting the Constitution. If this trend is continued, it will be possible to achieve through the judicial process, maintenance of independence of the judiciary, avoidance of destruction of the Constitution through the process of amendment and realisation of social justice envisaged in the directive principles. It can be hoped that the Court would maintain its energetic and vibrant mind and rise up to the occasions and extend the same to other areas in future.

Educational rights of the minorities under article 30 of the Indian Constitution

This thesis entitled “ Educational rights of the minorities under article 30 of the indian constitution.The study is divided into nine chapters.The object of the present study is to explore whether the judiciary has been successful in balancing the conflicting rights of the minorities and the state. The study also seeks to bring forth those judicial principles which have governed the operation of these rights and determined the limits of their application. Article 30 confers a special right on minorities to establish educational institutions of their own choice.This is an expression of the liberal and tolerent culture of our nation which is reflected in the Constitution. The idea is to foster unity' in diversity, ea unique characteristic of the Indian way of life.This study suggested that where a minority is a minority’ in the historical or national context and its claim is based on religion it must be defined and ascertained in terms of the population of the whole country irrespective of its being a numerical majority' in any particular State and the minority status. of linguistic group has to be ascertained in terms of the population of any particular State irrespective of its being a numerical minority in terms of the population of the whole country.A religious denomination also can be treated as a religion within the meaning of Article 30(1) provided it is having a separate organisation with doctrines and tenets and rites and practices of its own.

Judicial Review of Academic Decisions

This thesis entitled “Judicial review of academic decisions.Education in India is being increasingly controlled and guided by the courts.This study makes an attempt to assess the involvement of the court in regulating education and its role or interference in the conventional concepts of ‘academic freedom’ and ‘university autonomy.The study mostly concentrates on the jurisdiction under Article 226 of the Constitution and its invocation in academic matters with particular reference to the decisions of the Kerala High Court.The concept of judicial review in the Constituent Assembly, initial approach of the Supreme Court of India towards the doctrine, gradual empowerment of Indian judiciary in this area and the resultant judicial activism.The study proceeds through the analysis of ‘academic freedom’ and ‘university autonomy’ in the 4"‘ chapter. This chapter attempts to probe academic freedom and university autonomy in India,England and United States and autonomy of Indian universities before and after independence.Basic principles and the jurisdictional parameters of judicial review in the area of academic decisions, as pronounced by the Apex Court, can be convincingly and consistently followed by the High Courts, which is possible only if special Academic Benches are constituted.

"Right to Personal Liberty Under the Indian Constitution - With Special Reference to Judicial Process"

The nature and extent of protection secured to personal liberty has been a subject matter of great controversy and debate. The expression "procedure established by law" as a standard of protection for personal liberty has been looked upon as highly unsatisfactory and inadequate. For, unlike the specific attributes of liberty that are separately guaranteed under Art.19, ‘personal liberty‘ as guaranteed by Art.21 does not obligate the .Legislature to comply with the requirements of justice and reasonableness as and when it enchroaches upon that right. Though the concept of ‘personal liberty‘ has received an evolutive and expansive meaning through judicial process, the standard of protection which the judicial process could secure to personal liberty through the interpretation of Art.21 has been far from satisfactory Even after four decades of judicial process in the interpretation of Art.21 the problem of evolving a just and adequate standard of protection for personal liberty in that Article continues to be 21 crucial constitutional issue, craving for a. satisfactory solution. And the present study is a humble attempt to unravel this problem and to Search for a reasonable solution.

Studies on biochemical genetics of the grey mullet Mugil cephalus linnaeus

The thesis deals with the results of an investigation on the "BIOCHEMICAL GENETICS OF MUGIL CEPHALUS" from Cochin, Madras and Orissa. It is presented under the following major headings: Introduction, Review of Literature, Materials and Methods, Results, Discussions, Conclusions, Recommendations, Summary and References.The introduction gives a brief account of historical and modern back ground on the stock concept in fisheries research and management, followed by the importance and potential role of biochemical genetics in the identification of natural units of fisheries management. In the review of literature published reports relevant to biochemical genetics with special reference to that of general proteins and enzyme systems of fish populations were considered. A detailed account of the source of experimental specimens, mode of collection, transportation, sample extraction, gel preparation/gel electrophoresis, buffer systems, staining procedures of proteins/enzymes, standardization of experiments, interpretation of electrophoretic data using basic formulae etc. are given in the materials and methods section. Four important conclusions were drawn on the basis of the results of the present investigation. Three recommendations were also made on the basis of evaluation of the results.

Criminal justice system in pondicherry - a comparative critical study of the past and the presen

The Union Territory of Pondicherry prior to its merger with the Indian Union was a French Colony. The erstwhile territory of Pondicherry along with its hamlets, namely, KARAIKKAL, MAHE and YANAM was administered by the French Regime. Before it was established by French in 1 6 74 A.D. it was part of Vijayanagara Empire. Prior to this, Pondicherry was a part of the Kingdom of Chola and Pallava Kings. During French Regime, the laws which were in force in France in relation to administration of civil and criminal justice were extended to the erstwhile Territory of Pondicherry. Thus while Pondicherry stood influenced by the Inquisitorial system since the beginning of the 18th century, the neighboring states forming part of the Indian Union since Independence came under the Influence of the British system, viz. accusatorial system. The territory of Pondicherry, for administrative reasons, came to be merged with the Indian Union in the early 60's. Following the merger, the Indian administration sought to extent its own laws from time to time replacing erstwhile French Laws, however, subject to certain savings. Thus the transitional period witnessed consequential changes in the administration of the territory, including the sphere of judicial system. Since I 963, the Union Territory of Pondicherry was brought under the spell of the Indian Legal System The people in Pondicherry ' thus have had the benefit of experiencing both the svstems. Their experiences will be of much help to those who undertake comparative studies in law. The plus and minus points of the respective systems help one to develop a detachment that helps independent evaluation of the svstents. The result of these studies could be relevant in revitalising our criminal systems.The present system is evaluated in the light of the past system. New dimensions are added by way' of an empirical study also.

Studies on the propagation of errors in physical oceanographic computations

The results of an investigation on the limits of the random errors contained in the basic data of Physical Oceanography and their propagation through the computational procedures are presented in this thesis. It also suggest a method which increases the reliability of the derived results. The thesis is presented in eight chapters including the introductory chapter. Chapter 2 discusses the general theory of errors that are relevant in the context of the propagation of errors in Physical Oceanographic computations. The error components contained in the independent oceanographic variables namely, temperature, salinity and depth are deliniated and quantified in chapter 3. Chapter 4 discusses and derives the magnitude of errors in the computation of the dependent oceanographic variables, density in situ, gt, specific volume and specific volume anomaly, due to the propagation of errors contained in the independent oceanographic variables. The errors propagated into the computed values of the derived quantities namely, dynamic depth and relative currents, have been estimated and presented chapter 5. Chapter 6 reviews the existing methods for the identification of level of no motion and suggests a method for the identification of a reliable zero reference level. Chapter 7 discusses the available methods for the extension of the zero reference level into shallow regions of the oceans and suggests a new method which is more reliable. A procedure of graphical smoothening of dynamic topographies between the error limits to provide more reliable results is also suggested in this chapter. Chapter 8 deals with the computation of the geostrophic current from these smoothened values of dynamic heights, with reference to the selected zero reference level. The summary and conclusion are also presented in this chapter.

Optimization of medium for the production of a novel aquaculture probiotic, Micrococcus MCCB 104 using central composite design

A marine isolate of jáÅêçÅçÅÅìë MCCB 104 has been identified as an aquaculture probiotic antagonistic to sáÄêáç. In the present study different carbon and nitrogen sources and growth factors in a mineral base medium were optimized for enhanced biomass production and antagonistic activity against the target pathogen, sáÄêáç=Ü~êîÉóá, following response surface methodology (RSM). Accordingly the minimum and maximum limits of the selected variables were determined and a set of fifty experiments programmed employing central composite design (CCD) of RSM for the final optimization. The response surface plots of biomass showed similar pattern with that of antagonistic activity, which indicated a strong correlation between the biomass and antagonism. The optimum concentration of the carbon sources, nitrogen sources, and growth factors for both biomass and antagonistic activity were glucose (17.4 g/L), lactose (17 g/L), sodium chloride (16.9 g/L), ammonium chloride (3.3 g/L), and mineral salts solution (18.3 mL/L). © KSBB

Development of Directionally Adaptive Techniques for Single Image Super-Resolution

Super Resolution problem is an inverse problem and refers to the process of producing a High resolution (HR) image, making use of one or more Low Resolution (LR) observations. It includes up sampling the image, thereby, increasing the maximum spatial frequency and removing degradations that arise during the image capture namely aliasing and blurring. The work presented in this thesis is based on learning based single image super-resolution. In learning based super-resolution algorithms, a training set or database of available HR images are used to construct the HR image of an image captured using a LR camera. In the training set, images are stored as patches or coefficients of feature representations like wavelet transform, DCT, etc. Single frame image super-resolution can be used in applications where database of HR images are available. The advantage of this method is that by skilfully creating a database of suitable training images, one can improve the quality of the super-resolved image. A new super resolution method based on wavelet transform is developed and it is better than conventional wavelet transform based methods and standard interpolation methods. Super-resolution techniques based on skewed anisotropic transform called directionlet transform are developed to convert a low resolution image which is of small size into a high resolution image of large size. Super-resolution algorithm not only increases the size, but also reduces the degradations occurred during the process of capturing image. This method outperforms the standard interpolation methods and the wavelet methods, both visually and in terms of SNR values. Artifacts like aliasing and ringing effects are also eliminated in this method. The super-resolution methods are implemented using, both critically sampled and over sampled directionlets. The conventional directionlet transform is computationally complex. Hence lifting scheme is used for implementation of directionlets. The new single image super-resolution method based on lifting scheme reduces computational complexity and thereby reduces computation time. The quality of the super resolved image depends on the type of wavelet basis used. A study is conducted to find the effect of different wavelets on the single image super-resolution method. Finally this new method implemented on grey images is extended to colour images and noisy images