WHO ENACTED THE INDIAN HIGH COURT ACT OF 1861 ?->(Show Answer!)

1. WHO ENACTED THE INDIAN HIGH COURT ACT OF 1861

Answer: LORD CANNING

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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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MCQ-> Choose the best answer for each question.The production of histories of India has become very frequent in recent years and may well call for some explanation. Why so many and why this one in particular? The reason is a two-fold one: changes in the Indian scene requiring a re-interpretation of the facts and changes in attitudes of historians about the essential elements of Indian history. These two considerations are in addition to the normal fact of fresh information, whether in the form of archeological discoveries throwing fresh light on an obscure period or culture, or the revelations caused by the opening of archives or the release of private papers. The changes in the Indian scene are too obvious to need emphasis. Only two generations ago British rule seemed to most Indian as well as British observers likely to extend into an indefinite future; now there is a teenage generation which knows nothing of it. Changes in the attitudes of historians have occurred everywhere, changes in attitudes to the content of the subject as well as to particular countries, but in India there have been some special features. Prior to the British, Indian historiographers were mostly Muslims, who relied, as in the case of Sayyid Ghulam Hussain, on their own recollection of events and on information from friends and men of affairs. Only a few like Abu’l Fazl had access to official papers. These were personal narratives of events, varying in value with the nature of the writer. The early British writers were officials. In the 18th century they were concerned with some aspect of Company policy, or like Robert Orme in his Military Transactions gave a straight narrative in what was essentially a continuation of the Muslim tradition. In the early 119th century the writers were still, with two notable exceptions, officials, but they were now engaged in chronicling, in varying moods of zest, pride, and awe, the rise of the British power in India to supremacy. The two exceptions were James Mill, with his critical attitude to the Company and John Marchman, the Baptist missionary. But they, like the officials, were anglo-centric in their attitude, so that the history of modern India in their hands came to be the history of the rise of the British in India.The official school dominated the writing of Indian history until we get the first professional historian’s approach. Ramsay Muir and P. E. Roberts in England and H. H. Dodwell in India. Then Indian historians trained in the English school joined in, of whom the most distinguished was Sir Jadunath Sarkar and the other notable writers: Surendranath Sen, Dr Radhakumud Mukherji, and Professor Nilakanta Sastri. They, it may be said, restored India to Indian history, but their bias was mainly political. Finally have come the nationalists who range from those who can find nothing good or true in the British to sophisticated historical philosophers like K. M. Panikker.Along the types of historians with their varying bias have gone changes in the attitude to the content of Indian history. Here Indian historians have been influenced both by their local situation and by changes of thought elsewhere. It is this field that this work can claim some attention since it seeks to break new ground, or perhaps to deepen a freshly turned furrow in the field of Indian history. The early official historians were content with the glamour and drama of political history from Plassey to the Mutiny, from Dupleix to the Sikhs. But when the raj was settled down, glamour departed from politics, and they turned to the less glorious but more solid ground of administration. Not how India was conquered but how it was governed was the theme of this school of historians. It found its archpriest in H. H. Dodwell, its priestess in Dame Lilian Penson, and its chief shrine in the Volume VI of the Cambridge History of India. Meanwhile, in Britain other currents were moving, which led historical study into the economic and social fields. R. C. Dutt entered the first of these currents with his Economic History of India to be followed more recently by the whole group of Indian economic historians. W. E. Moreland extended these studies to the Mughal Period. Social history is now being increasingly studied and there is also of course a school of nationalist historians who see modern Indian history in terms of the rise and the fulfillment of the national movement.All these approaches have value, but all share in the quality of being compartmental. It is not enough to remove political history from its pedestal of being the only kind of history worth having if it is merely to put other types of history in its place. Too exclusive an attention to economic, social, or administrative history can be as sterile and misleading as too much concentration on politics. A whole subject needs a whole treatment for understanding. A historian must dissect his subject into its elements and then fuse them together again into an integrated whole. The true history of a country must contain all the features just cited but must present them as parts of a single consistent theme.Which of the following may be the closest in meaning to the statement ‘restored India to Indian history’?
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MCQ-> Read the following passage carefully and answer the questions given below it. Certain words are given in bold to help you answer some of the questions.At the heart of what makes India a better regime than China is a healthy respect for the civil rights and liberties of its citizens. There are checks and balances in our government. But India’s new surveillance programme, the Central Monitoring system (CMS), resembles a dystopian society akin to George Orwell’s 1984.According to several news reports, the CMS gives the government, Indian security agencies and income tax (IT) officials the authority to listen to, and tape phone conversions, read emails and text messages, monitor Posts on Facebook, Twitter or Linkedin and track searches on Google of selected targets, without oversight by the courts or parliament. To call it sweeping is an understatement.Typically, Indian Security agencies need a court order for surveillance, or depend on Internet/telephone service providers for data, provided they supply a warrant. CMS allows the government to bypass the court. Milind Deora, India’s Minister of State for Information Technology says the new system will actually improve citizens’ privacy because telecommunication agencies would no longer be directly involved in the surveillance; only government officials would have these details – missing the point that in a democracy, there has to be freedom from government surveillance. This is hardly comforting in a nation riddled with governmental corruption.India does not have a privacy law. CMS will operate under the Indian Telegraph Act (ITA). The ITA is a relic of the British Raj from 1885, and gives the government the freedom to monitor private conversations. News reports quote anonymous telecommunications ministry officials as saying that CMS has been introduced for security purposes, and “this is to protect you and your country”.That is irrational. For one, there are no ‘security purposes’ that prevent the government from having a rational debate on this programme and getting approval from our elected representatives before authorizing such wide-reaching surveillance. If the government is worried that a public debate in a paralysed parliament would half the programme’s progress, then it can convene a committee of individuals or an individual body such as CAG to oversee the programme. It can seek judicial approval from the Supreme Court, and have a judge sign off on surveillance requests without making these requests public.As of now, the top bureaucrat in the interior ministry and his/her state level deputies will have the power to approve surveillance requests. Even the recently revealed US surveillance Programme, had ‘behind the doors’ bipartisan surveillance approval. Furthermore, US investigation agencies such as the CIA and NSA are not the ruling party’s marionettes; in India, that the CBI is an arm of the government is a fait accompli. Even the Supreme Court recently lambasted the CBI and asked it to guarantee its independence from government influences after it was proved that it shared unreleased investigation reports with the government.There is no guarantee that this top bureaucrat will be judicious or not use this as a tool to pursue political and personal vendettas against opposition parties or open critics of the government. Security purposes hardly justify monitoring an individual’s social media usage. No terrorist announces plans to bomb a building on Facebook. Neither do Maoists espouse Twitter as their preferred form of communication.Presumably, security purposes could be defined as the government’s need to intercept terrorist plans. How does giving the IT department the same sweeping surveillance powers justify security purposes? The IT office already has expansive powers to conduct investigations, summon individuals or company executives, and raid premises to catch tax evaders. In a world where most financial details are discussed and transferred online, allowing the IT departments to snoop on these without any reasonable cause is akin to airport authorities strip searching everyone who boards a flight.What happened on 26/11 or what happens regularly in Naxal – affected areas is extremely sad and should ideally, never take place again. But targeting terrorists means targeting people who show such inclinations, or those who arouse suspicions, either by their travels or heir associations with militant or extremist groups. And in a country where a teenager has been arrested for posting an innocent comment questioning the need for a bandh on the death of a political leader, gives us reason to believe that this law is most likely to be misused, if not abused. Select the word which is MOST OPPOSITE in meaning to the word printed in bold, as used in the passage. AKIN...

MCQ-> India is rushing headlong toward economic success and modernisation, counting on high- tech industries such as information technology and biotechnology to propel the nation toprosperity. India’s recent announcement that it would no longer produce unlicensed inexpensive generic pharmaceuticals bowed to the realities of the World TradeOrganisation while at the same time challenging the domestic drug industry to compete with the multinational firms. Unfortunately, its weak higher education sector constitutes the Achilles’ Heel of this strategy. Its systematic disinvestment in higher education inrecent years has yielded neither world-class research nor very many highly trained scholars, scientists, or managers to sustain high-tech development. India’s main competitors especially China but also Singapore, Taiwan, and South Korea — are investing in large and differentiated higher education systems. They are providingaccess to large number of students at the bottom of the academic system while at the same time building some research-based universities that are able to compete with theworld’s best institutions. The recent London Times Higher Education Supplement ranking of the world’s top 200 universities included three in China, three in Hong Kong,three in South Korea, one in Taiwan, and one in India (an Indian Institute of Technology at number 41.— the specific campus was not specified). These countries are positioningthemselves for leadership in the knowledge-based economies of the coming era. There was a time when countries could achieve economic success with cheap labour andlow-tech manufacturing. Low wages still help, but contemporary large-scale development requires a sophisticated and at least partly knowledge-based economy.India has chosen that path, but will find a major stumbling block in its university system. India has significant advantages in the 21st century knowledge race. It has a large high ereducation sector — the third largest in the world in student numbers, after China andthe United States. It uses English as a primary language of higher education and research. It has a long academic tradition. Academic freedom is respected. There are asmall number of high quality institutions, departments, and centres that can form the basis of quality sector in higher education. The fact that the States, rather than the Central Government, exercise major responsibility for higher education creates a rather cumbersome structure, but the system allows for a variety of policies and approaches. Yet the weaknesses far outweigh the strengths. India educates approximately 10 per cent of its young people in higher education compared with more than half in the major industrialised countries and 15 per cent in China. Almost all of the world’s academic systems resemble a pyramid, with a small high quality tier at the top and a massive sector at the bottom. India has a tiny top tier. None of its universities occupies a solid position at the top. A few of the best universities have some excellent departments and centres, and there is a small number of outstanding undergraduate colleges. The University Grants Commission’s recent major support of five universities to build on their recognised strength is a step toward recognising a differentiated academic system and fostering excellence. At present, the world-class institutions are mainly limited to the Indian Institutes of Technology (IITs), the Indian Institutes of Management (IIMs) and perhaps a few others such as the All India Institute of Medical Sciences and the Tata Institute of Fundamental Research. These institutions, combined, enroll well under 1 percent of the student population. India’s colleges and universities, with just a few exceptions, have become large, under-funded, ungovernable institutions. At many of them, politics has intruded into campus life, influencing academic appointments and decisions across levels. Under-investment in libraries, information technology, laboratories, and classrooms makes it very difficult to provide top-quality instruction or engage in cutting-edge research.The rise in the number of part-time teachers and the freeze on new full-time appointments in many places have affected morale in the academic profession. The lackof accountability means that teaching and research performance is seldom measured. The system provides few incentives to perform. Bureaucratic inertia hampers change.Student unrest and occasional faculty agitation disrupt operations. Nevertheless, with a semblance of normality, faculty administrators are. able to provide teaching, coordinate examinations, and award degrees. Even the small top tier of higher education faces serious problems. Many IIT graduates,well trained in technology, have chosen not to contribute their skills to the burgeoning technology sector in India. Perhaps half leave the country immediately upon graduation to pursue advanced study abroad — and most do not return. A stunning 86 per cent of students in science and technology fields from India who obtain degrees in the United States do not return home immediately following their study. Another significant group, of about 30 per cent, decides to earn MBAs in India because local salaries are higher.—and are lost to science and technology.A corps of dedicated and able teachers work at the IlTs and IIMs, but the lure of jobs abroad and in the private sector make it increasingly difficult to lure the best and brightest to the academic profession.Few in India are thinking creatively about higher education. There is no field of higher education research. Those in government as well as academic leaders seem content to do the “same old thing.” Academic institutions and systems have become large and complex. They need good data, careful analysis, and creative ideas. In China, more than two-dozen higher education research centers, and several government agencies are involved in higher education policy.India has survived with an increasingly mediocre higher education system for decades.Now as India strives to compete in a globalized economy in areas that require highly trained professionals, the quality of higher education becomes increasingly important.India cannot build internationally recognized research-oriented universities overnight,but the country has the key elements in place to begin and sustain the process. India will need to create a dozen or more universities that can compete internationally to fully participate in the new world economy. Without these universities, India is destined to remain a scientific backwater.Which of the following ‘statement(s) is/are correct in the context of the given passage ? I. India has the third largest higher education sector in the world in student numbers. II. India is moving rapidly toward economic success and modernisation through high tech industries such as information technology and bitechonology to make the nation to prosperity. III. India’s systematic disinvestment in higher education in recent years has yielded world class research and many world class trained scholars, scientists to sustain high-tech development....

MCQ-> Read the following passage carefully and answer the questions given at the end. The second issue I want to address is one that comes up frequently - that Indian banks should aim to become global. Most people who put forward this view have not thought through the costs and benefits analytically; they only see this as an aspiration consistent with India’s growing international profile. In its 1998 report, the Narasimham (II) Committee envisaged a three tier structure for the Indian banking sector: 3 or 4 large banks having an international presence on the top, 8-10 mid-sized banks, with a network of branches throughout the country and engaged in universal banking, in the middle, and local banks and regional rural banks operating in smaller regions forming the bottom layer. However, the Indian banking system has not consolidated in the manner envisioned by the Narasimham Committee. The current structure is that India has 81 scheduled commercial banks of which 26 are public sector banks, 21 are private sector banks and 34 are foreign banks. Even a quick review would reveal that there is no segmentation in the banking structure along the lines of Narasimham II.A natural sequel to this issue of the envisaged structure of the Indian banking system is the Reserve Bank’s position on bank consolidation. Our view on bank consolidation is that the process should be market-driven, based on profitability considerations and brought about through a process of mergers & amalgamations (M&As;). The initiative for this has to come from the boards of the banks concerned which have to make a decision based on a judgment of the synergies involved in the business models and the compatibility of the business cultures. The Reserve Bank’s role in the reorganisation of the banking system will normally be only that of a facilitator.lt should be noted though that bank consolidation through mergers is not always a totally benign option. On the positive side are a higher exposure threshold, international acceptance and recognition, improved risk management and improvement in financials due to economies of scale and scope. This can be achieved both through organic and inorganic growth. On the negative side, experience shows that consolidation would fail if there are no synergies in the business models and there is no compatibility in the business cultures and technology platforms of the merging banks.Having given that broad brush position on bank consolidation let me address two specific questions: (i) can Indian banks aspire to global size?; and (ii) should Indian banks aspire to global size? On the first question, as per the current global league tables based on the size of assets, our largest bank, the State Bank of India (SBI), together with its subsidiaries, comes in at No.74 followed by ICICI Bank at No. I45 and Bank of Baroda at 188. It is, therefore, unlikely that any of our banks will jump into the top ten of the global league even after reasonable consolidation.Then comes the next question of whether Indian banks should become global. Opinion on this is divided. Those who argue that we must go global contend that the issue is not so much the size of our banks in global rankings but of Indian banks having a strong enough, global presence. The main argument is that the increasing global size and influence of Indian corporates warrant a corresponding increase in the global footprint of Indian banks. The opposing view is that Indian banks should look inwards rather than outwards, focus their efforts on financial deepening at home rather than aspiring to global size.It is possible to take a middle path and argue that looking outwards towards increased global presence and looking inwards towards deeper financial penetration are not mutually exclusive; it should be possible to aim for both. With the onset of the global financial crisis, there has definitely been a pause to the rapid expansion overseas of our banks. Nevertheless, notwithstanding the risks involved, it will be opportune for some of our larger banks to be looking out for opportunities for consolidation both organically and inorganically. They should look out more actively in regions which hold out a promise of attractive acquisitions.The surmise, therefore, is that Indian banks should increase their global footprint opportunistically even if they do not get to the top of the league table.Identify the correct statement from the following:
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