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.

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.

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 critical study of major construction projects in kerala vis-a-vis effectiveness in project implementation

Chapter 1 presents a brief note on the state at which the construction industry stands at present, bringing into focus the significance of the critical study. Relevance of the study, area of investigation and objectives of the study are outlined in this chapter. The 2nd chapter presents a review of the literature on the relevant areas. In the third chapter an analysis on time and cost overrun in construction highlighting the major factors responsible for it has been done. A couple of case studies to estimate loss to the nation on account of delay in construction have been presented in the chapter. The need for an appropriate estimate and a competent contractor has been emphasised for improving effectiveness in the project implementation. Certain useful equations and thoughts have been formulated on this area in this chapter that can be followed in State PWD and other Govt. organisations. Case studies on project implementation of major projects undertaken by Government sponsored/supported organizations in Kerala have been dealt with in Chapter 4. A detailed description of the project of Kerala Legislature Complex with a critical analysis has been given in this chapter. A detailed account of the investigations carried out on the construction of International Stadium, a sports project of Greater Cochin Development Authority is included here. The project details of Cochin International Airport at Nedumbassery, its promoters and contractors are also discussed in Chapter 4. Various aspects of implementation which led the above projects successful have been discussed in chapter 5. The data collected were analysed through discussion and perceptions to arrive at certain conclusions. The emergence of front-loaded contract and its impact on economics of the project execution are dealt with in this chapter. Analysis of delays in respect of the various project narrated in chapter 3 has been done here. The root causes of the project time and overrun and its remedial measures are also enlisted in this chapter. Study of cost and time overrun of any construction project IS a part of construction management. Under the present environment of heavy investment on construction activities in India, the consequences of mismanagement many a time lead to excessive expenditure which are not be avoidable. Cost consciousness, therefore has to be keener than ever before. Optimization in investment can be achieved by improved dynamism in construction management. The successful completion of coristruction projects within the specified programme, optimizing three major attributes of the process - quality, schedule and costs - has become the most valuable and challenging task for the engineer - managers to perform. So, the various aspects of construction management such as cost control, schedule control, quality assurance, management techniques etc. have also been discussed in this fifth chapter. Chapter 6 summarises the conclusions drawn from the above criticalr1 of rhajor construction projects in Kerala.

"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.

Customary Laws of Lakshadweep Islands

The customary laws of Union Territory of Lakshadweep islands are a challenge for judicial institution as well as administrative machinery. With the peculiarities of socio-legal institutions, Lakshadweep system stands apart from the mainstream of legal systems in India. How far do the charismatic modernisation trends flowing into the Lakshadweep society affect the people already protected by the uncodified laws of the past? Many are the issues at this stage. This study analyses them. It examines the growth, evolution and development of the legal system in the islands vis-a-vis the administrative mechanism imposed by the mainland ethos and culture.

Coastal regulation zone rules in coastal panchayats (villages) of Kerala, India vis-a` -vis socio-economic impacts from the recently introduced peoples’ participatory program for local self-governance and sustainable development

Coastal Regulation Zone (CRZ) notification was issued by the Ministry of Environment and Forest of Government of India in February 1991 as a part of the Environmental Protection Act of 1986 to protect the coast from eroding and to preserve its natural resources. The initial notification did not distinguish the variability and diversity of various coastal states before enforcing it on the various states and Union Territories. Impact assessments were not carried out to assess its impact on socio-economic life of the coastal population. For the very same reason, it was unnoticed or rather ignored till 1994 when the Supreme Court of India made a land mark judgment on the fate of the coastal aquaculture which by then had established as an economically successful industry in many South Indian States. Coastal aquaculture in its modern form was a prohibited activity within CRZ. Lately, only various stakeholders of the coast realized the real impact of the CRZ rules on their property rights andbusiness. To overcome the initial drawbacks several amendments were made in the regulation to suit regional needs. In 1995, another great transformation took place in the State of Kerala as a part of the reorganization of the local self government institutions into a decentralized three tier system called ‘‘Panchayathi Raj System’’. In 1997, the state government also decided to transfer the power with the required budget outlay to the grass root level panchayats (villages) and municipalities to plan and implement the various projects in their localities with the full participation of the local people by constituting Grama Sabhas (Peoples’ Forum). It is called the ‘‘Peoples’ Planning Campaign’’(Peoples’ Participatory Programme—PPP for Local Level Self-Governance). The management of all the resources including the local natural resources was largely decentralized to the level of local communities and villages. Integrated, sustainable coastal zone management has become the concern of the local population. The paper assesses the socio-economic impact of the centrally enforced CRZ and the state sponsored PPP on the coastal community in Kerala and suggests measures to improve the system and living standards of the coastal people within the framework of CRZ.

Fishery Commodity Chain Trap vis-à-vis Global Quality Standards: An Analysis of the Kerala Marine Fishery

The article examines the commodity chain trap of marine fishery in Kerala, at both material and value terms, and its ramifications in the globalised fishery chains. The marketing chains both material and value, are very complex in nature since they involve many types of markets and large number of intermediaries and participants. The article also scrutinizes the sensitivity of consumers’ and country’s responses in terms of dietary and hygienic standards relating to seafood trade. In addition, it discusses the devastating effect about the recent stipulations like the US Bio- Terrorism Act and Shrimp anti-dumping duty on the Kerala fishery products

Tourist Profiles and Characteristics vis-à-vis Market Segmentation of Ecotourism Destinations in Kerala

Kerala, a classic ecotourism destination in India, provides significant opportunities for livelihood options to the people who depend on the resources from the forest and those who live in difficult terrains. This article analyses the socio-demographic, psychographic and travel behavior patterns and its sub-characteristics in the background of foreign and domestic tourists. The data source for the article has been obtained from a primary survey of 350 randomly chosen tourists, 175 each from domestic and foreign tourists, visiting Kerala’s ecotourists destinations during August-December 2010-11. Several socio-demographic, psychographic and life style factors have been identified based on the inference from field survey. There is considerable divergence in most of the factors identified in the case of domestic and international tourists. Post-trip attributes like satisfaction and intentions to return show that the ecotourism destinations in Kerala have significant potential that can help communities in the region.