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.

Gaming Regulatory Improvement Act of 1999 : hearing before the Committee on Indian Affairs, United States Senate, One Hundred Sixth Congress, first session, on S. 309, to amend the Indian Gaming Regulatory Act.

"March 24, 1999, Washington, DC"--Pt. 1.

Implementation of the Indian Gaming Regulatory Act : hearing before the Select Committee on Indian Affairs, United States Senate, One Hundred Second Congress, second session : oversight hearing on status of the activities undertaken to implement the Gaming Regulatory Act.

"May 6, 1992, Washington, DC"--Pt. 3.

Gaming Regulatory Improvement Act : hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fifth Congress, second session, on S. 1870, to amend the Indian Gaming Regulatory Act.

Shipping list no.: 98-0322-P (pt. 1).

Late Cretaceous-Early Neogene oxygen and carbon isotope record of the Indian Ocean

Stable isotopic data of calcareous nannofossil, monogeneric and monospecific planktic and benthic foraminifera from five Indian Ocean DSDP sites (212, 217, 220, 237, and 253), leads to the following paleoclimatic and paleoceanographic conclusions: - The latest Cretaceous oxygen isotopic record implies a cooling (3-4°C) during the Maastrichtian. At the Cretaceous/Tertiary boundary only a minor warming (about 2°C) has been recorded. The parallel delta13C decrease of more than 1? indicates a significant decrease in productivity. - During the latest Paleocene a positive delta13C excursion was detected in Sites 217 and 237. This transient enrichment in delta13C may be due to productivity changes on continents and/or a change in the storage rate of organic matter in marginal basins or shelf areas. - The most striking feature in the oxygen isotopic record is noted at the Early/Middle Eocene transition. The shift towards more positive values (which were probably enhanced to a certain extent by a preceding diagenetic alteration) delineates a dramatic climatic deterioration at high and mid latitudes during the earlier Tertiary. - Near the Eocene/Oligocene boundary a cooling is evident within the latest Eocene interval. During the earliest Oligocene time a hiatus at Sites 217 and 253 partially obscures the climatic record. - Several climatic fluctuations have been noted during the Oligocene: a cooling at the base of Zone NP 23, a warming at the top of Zone NP 23 through NP 24, and a cooling during Zone NP 25. - The Miocene oxygen isotopic record is dominated by changes in surface and bottom water environments during Zone NN5. The decreasing and then increasing delta18O values, together with the subsequent steepening of the vertical delta18O gradient, point towards major climatic instabilities. These events coincide with the Mid-Miocene build-up of Antarctic ice-sheets. During the latest Miocene to the earliest Pliocene the delta18O record of planktic foraminifera indicates a significant warming of the Indian Ocean at mid-latitudes. - The delta13C record during the Oligocene and Miocene reveals several cycles (delta13C enrichments: NP 24, NN2, NN5, NN9, and base NN 11) which are most likely related to changes in storage rates of organic matter and biological productivity due to climatic changes and transgression/regression cycles. In addition, changes in the circulation patterns may also have influenced the carbon isotopic record.

Distribution of benthic foraminifera in lower Cretaceous sediments of the Cuvuer Abyssal Plain in the Indian Ocean

Analysis of 66 samples from DSDP Site 263 (Cores 263-4R-4 to 263-29R-4) reveals a unique faunal composition with a predominance of agglutinated taxa, many of them previously unrecorded from any other DSDP and ODP Indian Ocean sites. A total of 66 agglutinated and 31 calcareous taxa are documented and five new species are described: Hippocrepina gracilis n.sp., "Textuluriopsis" elegans n.sp., Aaptotoichus challengeri n.sp., "Gaudryinopsis" pseudobettenstaedti n.sp. and "Gaudryina" cuvierensis n.sp. Three assemblages are recognized based on changes in the composition of dominant taxa and occurrences of stratigraphically important species: (1) a high-diversity Valanginian to Barremian Bulbobaculites-Recurvoides Assemblage (Cores 263-29R to - 18R), comprised of numerous elongate agglutinated forms, rare nodosariids, and variable numbers of tubes and ammodiscids; (2) a moderately diverse Aptian to Albian Rhizammina-Ammodiscus-Glomospira Assemblage (Cores 263-18R to -7R) with highly fluctuating numbers of the nominate taxa and Haplophragmoides, Trochammina, Verneuilinoides spp., and Verneuilina howchini; (3) a very low diversity Albian or younger Assemblage (Cores 263-6R to -4R) containing sparse agglutinated foraminifera, rare nodosariids and rotaliids. We interpret the assemblages as shelf to lower slope and consider them to reflect a deepening palaeobathymetry as the Cuvier margin subsided after the initial breakup of East Gondwana during the Valanginian. Our interpretation is in sharp contrast with initial palaeodepth estimates of less than 100 m, as well as with original chronostratigraphic interpretations based on foraminifera and nannofossils which correlated the base of the recovered interval with the Aptian. The absence of many cosmoplitan forms, despite high diversity suggests strong faunal differentiation in the Austral realm or endemisn within the Cuvier Basin during the Early Cretaceous.

Ages, lithologie descriptions and mineral analyses from different DSDP holes in the Indian Ocean

The present work is based on mineralogical studies of sand and silt layers from a number of Deep Sea Drilling Project sites in the Indian Ocean belonging to different physiographic provinces of different ages. The minerals can be grouped into two major associations: a hornblende-opaque association with varying amounts of pyroxene, garnet, epidote, zircon, etc. and a biotite-chlorite-muscovite assemblage. The dominance of unstable minerals indicates a first generation, though evidence of reworking is reflected in the zircon and tourmaline grains at some sites. A large variety of minerals at some sites indicates a complex source. The mineral composition is nearly homogeneous at different sites for the entire length of the core, indicating that they have been derived from the same source during the deposition of that interval. However, the provenance changed by tectonic activity, the effect of which has been reflected in the mineralogy of some sites. An attempt was made to describe the mineralogic characteristics and their tectonic interpretations in the Pliocene and Miocene periods in the Ganges and Indus fan sites and also in the Wharton and Mozambique basin sites. Similar attempts could not be made for other ages in other physiographic provinces as the numbers of samples were too few. Within the limited scope, some idea about the mineralogical character of different basins and different physiographic provinces can be obtained from the present study. Mineralogical evidence also suggests very long transport of sediments in the deep sea. Regional variation of mineralogy has resulted due to source, sea-floor configuration, selective removal, reworking by different agencies and the processes operating in the ocean. There is no relation between a particular age and a set mineral assemblage for the Cenozoic sediments of the Indian Ocean.

(Table 3) Chemical analyses from DSDP Holes 22-214, 22-215 and 22-216 in the Indian Ocean

The basalts and oceanic andesites from the aseismic Ninetyeast Ridge display trachytic, vesicular and amygdaloidal textures suggesting a subaerial volcanic environment. The normative composition of the Ninetyeast Ridge ranges from olivine picriteto nepheline-normative alkaline basalt, suggesting a wide range of differentiation. This is further supported by the fractionation-differentiation trends displayed by transition metal trace elements (Ni, Cr, V and Cu). The Ninetyeast Ridge rocks are enriched in rare earth (RE) and large ion lithophile (LIL) elements and Sr isotopes (0.7043-0.7049), similar to alkali basalts and tholeiites from seamounts and islands, but different from LIL-element-depleted tholeiitic volcanic rocks of the recent seismic mid-Indian oceanic ridge. The constancy of 87Sr/86Sr ratios for basalts and andesites is compatible with a model involving fractional crystallization of mafic magma. The variation of 87Sr/86Sr ratios between 0.97 and 2.79 may possibly be explained in terms of a primordial hot mantle and/or chemically contrasting heterogeneous mantle source layers relatively undepleted in LIL elements at different periods in the geologic past. In general, the Sr isotopic data for rocks from different tectonic environments are consistent with a "zoning-depletion model" with systematically arranged alternate alkali-poor and alkali-rich layers in the mantle beneath the Indian Ocean.