1. First Law Minister of Independent India ?

Answer: Dr.B.R.Ambedkar

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MCQ-> Read carefully the four passages that follow and answer the questions given at the end of each passage:PASSAGE I The most important task is revitalizing the institution of independent directors. The independent directors of a company should be faithful fiduciaries protecting, the long-term interests of shareholders while ensuring fairness to employees, investor, customer, regulators, the government of the land and society. Unfortunately, very often, directors are chosen based of friendship and, sadly, pliability. Today, unfortunately, in the majority of cases, independence is only true on paper.The need of the hour is to strengthen the independence of the board. We have to put in place stringent standards for the independence of directors. The board should adopt global standards for director-independence, and should disclose how each independent director meets these standards. It is desirable to have a comprehensive report showing the names of the company employees of fellow board members who are related to each director on the board. This report should accompany the annual report of all listed companies. Another important step is to regularly assess the board members for performance. The assessment should focus on issues like competence, preparation, participation and contribution. Ideally, this evaluation should be performed by a third party. Underperforming directors should be allowed to leave at the end of their term in a gentle manner so that they do not lose face. Rather than being the rubber stamp of a company’s management policies, the board should become a true active partner of the management. For this, independent directors should be trained in their in their in roles and responsibilities. Independent directors should be trained on the business model and risk model of the company, on the governance practices, and the responsibilities of various committees of the board of the company. The board members should interact frequently with executives to understand operational issues. As part of the board meeting agenda, the independent directors should have a meeting among themselves without the management being present. The independent board members should periodically review the performance of the company’s CEO, the internal directors and the senior management. This has to be based on clearly defined objective criteria, and these criteria should be known to the CEO and other executive directors well before the start of the evolution period. Moreover, there should be a clearly laid down procedure for communicating the board’s review to the CEO and his/her team of executive directors. Managerial remuneration should be based on such reviews. Additionally, senior management compensation should be determined by the board in a manner that is fair to all stakeholders. We have to look at three important criteria in deciding managerial remuneration-fairness accountability and transparency. Fairness of compensation is determined by how employees and investors react to the compensation of the CEO. Accountability is enhanced by splitting the total compensation into a small fixed component and a large variable component. In other words, the CEO, other executive directors and the senior management should rise or fall with the fortunes of the company. The variable component should be linked to achieving the long-term objectives of the firm. Senior management compensation should be reviewed by the compensation committee of the board consisting of only the independent directors. This should be approved by the shareholders. It is important that no member of the internal management has a say in the compensation of the CEO, the internal board members or the senior management. The SEBI regulations and the CII code of conduct have been very helpful in enhancing the level of accountability of independent directors. The independent directors should decide voluntarily how they want to contribute to the company. Their performance should decide voluntarily how they want to contribute to the company. Their performance should be appraised through a peer evaluation process. Ideally, the compensation committee should decide on the compensation of each independent director based on such a performance appraisal. Auditing is another major area that needs reforms for effective corporate governance. An audit is the Independent examination of financial transactions of any entity to provide assurance to shareholder and other stakeholders that the financial statements are free of material misstatement. Auditors are qualified professionals appointed by the shareholders to report on the reliability of financial statements prepared by the management. Financial markets look to the auditor’s report for an independent opinion on the financial and risk situation of a company. We have to separate such auditing form other services. For a truly independent opinion, the auditing firm should not provide services that are perceived to be materially in conflict with the role of the auditor. These include investigations, consulting advice, sub contraction of operational activities normally undertaken by the management, due diligence on potential acquisitions or investments, advice on deal structuring, designing/implementing IT systems, bookkeeping, valuations and executive recruitment. Any departure from this practice should be approved by the audit committee in advance. Further, information on any such exceptions must be disclosed in the company’s quarterly and annual reports. To ensure the integrity of the audit team, it is desirable to rotate auditor partners. The lead audit partner and the audit partner responsible for reviewing a company’s audit must be rotated at least once every three to five years. This eliminates the possibility of the lead auditor and the company management getting into the kind of close, cozy relationship that results in lower objectivity in audit opinions. Further, a registered auditor should not audit a chief accounting office was associated with the auditing firm. It is best that members of the audit teams are prohibited from taking up employment in the audited corporations for at least a year after they have stopped being members of the audit team.A competent audit committee is essential to effectively oversee the financial accounting and reporting process. Hence, each member of the audit committee must be ‘financially literate’, further, at least one member of the audit committee, preferably the chairman, should be a financial expert-a person who has an understanding of financial statements and accounting rules, and has experience in auditing. The audit committee should establish procedures for the treatment of complaints received through anonymous submission by employees and whistleblowers. These complaints may be regarding questionable accounting or auditing issues, any harassment to an employee or any unethical practice in the company. The whistleblowers must be protected. Any related-party transaction should require prior approval by the audit committee, the full board and the shareholders if it is material. Related parties are those that are able to control or exercise significant influence. These include; parent- subsidiary relationships; entities under common control; individuals who, through ownership, have significant influence over the enterprise and close members of their families; and dey management personnel.Accounting standards provide a framework for preparation and presentation of financial statements and assist auditors in forming an opinion on the financial statements. However, today, accounting standards are issued by bodies comprising primarily of accountants. Therefore, accounting standards do not always keep pace with changes in the business environment. Hence, the accounting standards-setting body should include members drawn from the industry, the profession and regulatory bodies. This body should be independently funded. Currently, an independent oversight of the accounting profession does not exist. Hence, an independent body should be constituted to oversee the functioning of auditors for Independence, the quality of audit and professional competence. This body should comprise a "majority of non- practicing accountants to ensure independent oversight. To avoid any bias, the chairman of this body should not have practiced as an accountant during the preceding five years. Auditors of all public companies must register with this body. It should enforce compliance with the laws by auditors and should mandate that auditors must maintain audit working papers for at least seven years.To ensure the materiality of information, the CEO and CFO of the company should certify annual and quarterly reports. They should certify that the information in the reports fairly presents the financial condition and results of operations of the company, and that all material facts have been disclosed. Further, CEOs and CFOs should certify that they have established internal controls to ensure that all information relating to the operations of the company is freely available to the auditors and the audit committee. They should also certify that they have evaluated the effectiveness of these controls within ninety days prior to the report. False certifications by the CEO and CFO should be subject to significant criminal penalties (fines and imprisonment, if willful and knowing). If a company is required to restate its reports due to material non-compliance with the laws, the CEO and CFO must face severe punishment including loss of job and forfeiting bonuses or equity-based compensation received during the twelve months following the filing.The problem with the independent directors has been that: I. Their selection has been based upon their compatibility with the company management II. There has been lack of proper training and development to improve their skill set III. Their independent views have often come in conflict with the views of company management. This has hindered the company’s decision-making process IV. Stringent standards for independent directors have been lacking...
MCQ-> Study the following information carefully and answer the questions given below : Eight persons- P, Q, R, S, T, U, V and W - are sitting around a square table in such Question : way that four of them sit at four corners of the square while other four sit in the middle of each of the four sides. P, Q, R and S are facing towards the centre of table while T, U, V and W are facing outside. The ones who sit at the four corners face towards the centre while those who sit in the middle of the sides face outside. Each one of them has different legislative post viz, Defence Secretary, Finance Minister, Home Minister, Foreign Minister, HRD Minister, Education Minister, Prime Minister and Leader of Opposition but not necessarily in the same order. W is the second to the right of the Leader of Opposition. The Leader of Opposition is facing outside. T is the third to the left of Finance Minister. Finance Minister is not the immediate neighbour of W or Defence Secretary. R is not the Prime Minister and he is not the immediate neighbour of HRD Minister. U is to the immediate left of Prime Minister. Prime Minister is not the immediate neighbour of Defence Secretary. Home Minister and Foreign Minister are immediate neighbours of each other. Foreign Minister is not the immediate neighbour of the Leader of Opposition. There is only one person between Home Minister and S. V is Education Minister and he is not the immediate neighbour of P. S is not the Prime Minister.Who among the following is the Prime Minister ?
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MCQ-> Analyse the following passage and provide appropriate answers for the questions that follow: Each piece, or part, of the whole of nature is always merely an approximation to the complete truth, or the complete truth so far as we know it. In fact, everything we know is only some kind of approximation, because we know that we do not know all the laws as yet. Therefore, things must be learned only to be unlearned again or, more likely, to be corrected. The principal of science, the definition, almost, is the following: The test of all knowledge is experiment. Experiment is the sole judge of scientific “truth.” But what is the source of knowledge? Where do the laws that are to be tested come from? Experiment, itself, helps to produce these laws, in the sense that it gives us hints. But also needed is imagination to create from these laws, in the sense that it gives us hints. But also needed is imagination to create from these hints the great generalizations – to guess at the wonderful, simple, but very strange patterns beneath them all, and then to experiment to check again whether we have made the right guess. This imagining process is so difficult that there is a division of labour in physics: there are theoretical physicists who imagine, deduce, and guess at new laws, but do not experiment; and then there are experimental physicists who experiment, imagine, deduce, and guess. We said that the laws of nature are approximate: that we first find the “wrong” ones, and then we find the “right” ones. Now, how can an experiment be “wrong”? First, in a trivial way: the apparatus can be faulty and you did not notice. But these things are easily fixed and checked back and forth. So without snatching at such minor things, how can the results of an experiment be wrong? Only by being inaccurate. For example, the mass of an object never seems to change; a spinning top has the same weight as a still one. So a “law” was invented: mass is constant, independent of speed. That “law” is now found to be incorrect. Mass is found is to increase with velocity, but appreciable increase requires velocities near that of light. A true law is: if an object moves with a speed of less than one hundred miles a second the mass is constant to within one part in a million. In some such approximate form this is a correct law. So in practice one might think that the new law makes no significant difference. Well, yes and no. For ordinary speeds we can certainly forget it and use the simple constant mass law as a good approximation. But for high speeds we are wrong, and the higher the speed, the wrong we are. Finally, and most interesting, philosophically we are completely wrong with the approximate law. Our entire picture of the world has to be altered even though the mass changes only by a little bit. This is a very peculiar thing about the philosophy, or the ideas, behind the laws. Even a very small effect sometimes requires profound changes to our ideas.Which of the following options is DEFINITLY NOT an approximation to the complete truth?
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MCQ-> Read the following passage carefully and answer the questions given below it. Certain words/phrases have been printed in bold to help you locate them while answering some of the questions. Once upon a time there was a King of Benaras who was very rich. He had many servants and a beautiful palace with wonderful gardens; he had chariots and a stable full of horses. But his most prized possession was a magnificent elephant called Mahaghiri. She was as tall as two men, and her skin was of the colour of thunder clouds. She had large flapping ears and small, bright eyes and she was very clever. Mahaghiri lived in her own special elephant house and had her own keeper, Rajinder. The King would often visit Mahaghiri to take her some special tit-bit to eat and check that Rajinder was looking after her properly. But Rajinder needed no reminding, for he also loved the elephant dearly, and trusted her completely. Every morning, he would take her down to the river for her bath. Then he would bring her freshly cut grass, leaves and the finest fruits he could find in the market for her breakfast. During the day, he would talk to her and, in the evening, he would play his flute to send her to sleep. One morning, Rajinder arrived as usual with fruit for Mahaghiri’s breakfast. Suddenly, before he knew what was happening, she picked him up with her trunk and threw him out of the stall, breaking his arm. She began to stamp on the ground and trumpet so loudly that it took several strong men all morning to bind her with ropes and chains, When the king heard about what had happened, he was very upset and sent for the doctor to help Rajinder. Then he called for his chief minister. “You must go and see Mahaghiri at once,” he said. “She used to be so kind and gentle, but this morning she threw her keeper out of her stall. I can’t understand it. She must be ill or in pain. Spare no expense in finding a cure.” So the chief minister went to see Mahaghiri. who was still bound firmly with ropes. First he looked at her eyes – they were as clear and bright as usual. Then he felt behind her ears – her temperature was normal. Next he listened to her heart that was fine too – and checked all over for cuts or sores. He could find nothing wrong with her. “Strange,” he thought. “I can find no explanation for her bad behaviour.”But then his eye was caught by something gleaming in the straw. It was a sharp, curved knife, like the ones used by robbers. Could there be a connection? That night, when everyone else had gone to bed, the chief minister returned to the elephant house. There, in the stall next to Mahaghiri’s, sat a band of robbers. “Tonight we’ll burgle the palace,” said the chief. “First, we’ll make a hole in the wall, then we’ll steal the treasure. “But what about the guards?” someone asked. “Don’t tell me you’re still afraid to kill! When will you learn to be a real robber?” From the shadows, the minister could see the elephant, her ears pinned back, listening to every hateful and violent word.”Just as I suspected,” thought the minister. Then he slipped out, bolted the door on the outside so the robbers could not escape, and went immediately to the king.”Your majesty,” he said, “I think I have found the cause of your elephant’s bad behaviour.” As soon as the king heard what the minister had to say, he sent for his guards and had the robbers arrested. “But what about the elephant? How can she be cured?’ he asked. “Well, your majesty, if Mahaghiri became dangerous through being.in the company of those wicked robbers, perhaps she could be cured by being in the company of good people.” “What a brilliant idea!” exclaimed the king. “Let us invite the friendliest, happiest and kindest people in the city to meet in the stall next to the elephant.” “Mahaghiri, the king’s most prized elephant, has been in bad company and has become violent and dangerous,” the minister told his friends. “Will you help her to become her old self again?””Of course,” they replied. “What do you want us to do?” “Just meet in the elephant house every day for the next week. Let her hear how kindly and thoughtfully you speak to each other, and how helpful you are.” So the minister’s friends met in the elephant house as planned. They talked together and enjoyed each other’s company. Sometimes they brought cakes and sweets to share; sometimes their children came and played happily in the straw. All the while, Mahaghiri watched and listened. Gradually, she became calmer. “I think it’s working,” said the minister. “Soon we’ll be able to remove the ropes.” Everyone felt a bit nervous when the day came for Mahaghiri to be untied. The king ordered everyone to wait outside as, very carefully, brave Rajinder began to undo the ropes around her ears and trunk. Next he removed the ropes holding her head. Finally, he loosened the thick chains holding her great feet. Everyone held their breath. What if she was still wild?Mahaghiri looked round shuffling her feet to stretch them. Then she slowly curled her trunk around her keeper’s waist and lifted him high into the air before placing him gently on her back. A great cheer went up. The king was delighted. “Let’s have a picnic to celebrate,” he announced. “Mahaghiri can come too.” What a great afternoon they all had! Mahaghiri bathed in the lake and gave the children rides. It seemed as though she had now become kinder, gentler and even more trustworthy than ever. But Rajinder never forgot what had happened and was always careful to set Mahaghiri a good example by being kind and friendly himself.As per the context of passage, what was the most prized possession of the king of Benaras ?
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MCQ-> Read the following passage carefully and answer the questions given at the end. When Ratan Tata moved the Supreme Court, claiming his right to privacy had been violated, he called Harish Salve. The choice was not surprising. The former solicitor general had been topping the legal charts ever since he scripted a surprising win for Mukesh Ambani against his brother Anil. That dispute set the gold standard for legal fees. On Mukesh’s side were Salve, Rohinton Nariman, and Abhishek Manu Singhvi. The younger brother had an equally formidable line-up led by Ram Jethmalani and Mukul Rohatgi.The dispute dated back three-and-a-half years to when Anil filed case against his brother for reneging on an agreement to supply 28 million cubic metres of gas per day from its Krishna-Godavari basin fields at a rate of $ 2.34 for 17 years. The average legal fee was Rs. 25 lakh for a full day's appearance, not to mention the overnight stays at Mumbai's five-star suites, business class travel, and on occasion, use of the private jet. Little wonder though that Salve agreed to take on Tata’s case pro bono. He could afford philanthropy with one of India’s wealthiest tycoons.The lawyers’ fees alone, at a conservative estimate, must have cost the Ambanis at least Rs. 15 crore each. Both the brothers had booked their legal teams in the same hotel, first the Oberoi and, after the 26/ ll Mumbai attacks, the Trident. lt’s not the essentials as much as the frills that raise eyebrows. The veteran Jethmalani is surprisingly the most modest in his fees since he does not charge rates according to the strength of the client's purse. But as the crises have multiplied, lawyers‘fees have exploded.The 50 court hearings in the Haldia Petrochemicals vs. the West Bengal Government cost the former a total of Rs. 25 crore in lawyer fees and the 20 hearings in the Bombay Mill Case, which dragged on for three years, cost the mill owners almost Rs. 10 crore. Large corporate firms, which engage star counsels on behalf of the client, also need to know their quirks. For instance, Salve will only accept the first brief. He will never be the second counsel in a case. Some lawyers prefer to be paid partly in cash but the best are content with cheques. Some expect the client not to blink while picking up a dinner tab of Rs. 1.75 lakh at a Chennai five star. A lawyer is known to carry his home linen and curtains with him while travelling on work. A firm may even have to pick up a hot Vertu phone of the moment or a Jaeger-LeCoutre watch of the hour to keep a lawyer in good humour.Some are even paid to not appear at all for the other side - Aryama Sundaram was retained by Anil Ambani in the gas feud but he did not fight the case. Or take Raytheon when it was fighting the Jindals. Raytheon had paid seven top lawyers a retainer fee of Rs. 2.5 lakh each just to ensure that the Jindals would not be able to make a proper case on a taxation issue. They miscalculated when a star lawyer fought the case at the last minute. “I don’t take negative retainers”, shrugs Rohatgi, former additional solicitor general. “A Lawyer’s job is to appear for any client that comes to him. lt’s not for the lawyers to judge if a client is good or bad but the court”. Indeed. He is, after all, the lawyer who argued so famously in court that B. Ramalinga Raju did not ‘fudge any account in the Satyam Case. All he did was “window dressing”.Some high profile cases have continued for years, providing a steady source of income, from the Scindia succession battle which dates to 1989, to the JetLite Sahara battle now in taxation arbitration to the BCCI which is currently in litigation with Lalit Modi, Rajasthan Royals and Kings XI Punjab.Think of the large law firms as the big Hollywood studios and the senior counsel as the superstar. There are a few familiar faces to be found in most of the big ticket cases, whether it is the Ambani gas case, Vodafone taxation or Bombay Mills case. Explains Salve, “There is a reason why we have more than one senior advocate on a case. When you're arguing, he’s reading the court. He picks up a point or a vibe that you may have missed.” Says Rajan Karanjawala, whose firm has prepared the briefs for cases ranging from the Tata's recent right to privacy case to Karisma Kapoor’s divorce, “The four jewels in the crown today are Salve, Rohatgi, Rohinton Nariman and Singhvi. They have replaced the old guard of Fali Nariman, Soli Sorabjee, Ashok Desai and K.K. Venugopal.” He adds, “The one person who defies the generational gap is Jethmalani who was India's leading criminal lawyer in the 1960s and is so today.”The demand for superstar lawyers has far outstripped the supply. So a one-man show by, say, Rohatgi can run up billings of Rs. 40 crore, the same as a mid-sized corporate law firm like Titus and Co that employs 28 juniors. The big law filik such as AZB or Amarchand & Mangaldas or Luthra & Luthra have to do all the groundwork for the counsel, from humouring the clerk to ensure the A-lister turns up on the hearing day to sourcing appropriate foreign judgments in emerging areas such as environmental and patent laws. “We are partners in this. There are so few lawyers and so many matters,” points out Diljeet Titus.As the trust between individuals has broken down, governments have questioned corporates and corporates are questioning each other, and an array of new issues has come up. The courts have become stronger. “The lawyer,” says Sundaram, with the flourish that has seen him pick up many Dhurandhares and Senakas at pricey art auctions, “has emerged as the modern day purohit.” Each purohit is head priest of a particular style. Says Karanjawala, “Harish is the closest example in today's bar to Fali Nariman; Rohinton has the best law library in his brain; Mukul is easily India's busiest lawyer while Manu Singhvi is the greatest multi-tasker.” Salve has managed a fine balancing act where he has represented Mulayam Singh Yadav and Mayawati, Parkash Singh Badal and Amarinder Singh, Lalit Modi and Subhash Chandra and even the Ambani brothers, of course in different cases. Jethmalani is the man to call for anyone in trouble. In judicial circles he is known as the first resort for the last resort. Even Jethmalani’s junior Satish Maneshinde, who came to Mumbai in I993 as a penniless law graduate from Karnataka, shot to fame (and wealth) after he got bail for Sanjay Dutt in 1996. Now he owns a plush office in Worli and has become a one-stop shop for celebrities in trouble.Which of the following is not true about Ram Jethmalani?
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