1. Parliamentary Committee on Subordinate Legislation came into existence in ?





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MCQ->Parliamentary Committee on Subordinate Legislation came into existence in?....
MCQ->Parliamentary Committee on Subordinate Legislation came into existence in ?....
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-> Answer questions on the basis of the following conversation between two friends, Paradox (P) and Herodox (H) P: The human body is but the tomb of the soul and the visible world of matter is appearance that must be overcome if we are to know reality. The former is an integral part of “being”, that which can neither come into existence nor cease to exist for it always is. Being is unmoved and undistributed. Motion and disturbance belong to the realm of “becoming”, the changing world of unreality rather than of “being” in which true reality resides. Further, motion & change by belonging to the realm of “becoming” by having no separate existence of their own are logically inconsistent with reality and hence, unworthy of serious study.H: All things are in a state of perpetual flux. Permanence, and by extension, the concept of “being” is only an illusion. This change and continual transformation, through an often disorderly process of conflict and survival of the fittest, is the underlying principle at work in the universe. It is from this principle that all things come into existence, and forms the basis for the morals and governance patterns that attempt to preserve the social thread of societies. By extension, the study of human activity through the lens of an idealized state of “being” and as a basis for formulating moral codes of conduct is inappropriate at best.Which of the following statements could be considered as logically consistent with the views of paradox in the above paragraphs? i. A fly travelling on a flying arrow perceives it to be at rest. Therefore the flying arrow belongs to the realm of being. ii. The activities of the day to day life are concerned with the unreal part of human existence and hence, should not be subject to moral standards. iii. Maintaining a balance among the various constituents of society is essential to the well - being and the continuing existence of the soul. iv. Conflicts and the coming of spontaneous order do not have any underlying causes that are relevant for study as the notion of perpetual flux itself is erroneous. v. The real is and cannot be non - existent. Further, reality is one and unique.....
MCQ-> Analyse the following passage and provide appropriate answers for the questions that follow: The base of Objectivism according to Ayan Rand is explicit: “Existence exists – and the act of grasping that statement implies two corollary axioms: that something exists which one perceives and that one exists processing consciousness, consciousness being the faculty of perceiving that which exists.” Existence and consciousness are facts implicit in every perception. They are the base of all knowledge (and the precondition of proof): knowledge presupposes something to know and someone to know it. They are absolutes which cannot be questioned or escaped: every human utterance, including the denial of these axioms, implies their use and acceptance. The third axiom at the base of knowledge – an axioms true, in Aristotle’s words, of “being qua being” – is the Law of Identity. This law defines the essence of existence: to be is to be something, a thing is what it is; and leads to the fundamental principle of all action, the law of causality. The law of causality states that a thing’s actions are determined not by chance, but by its nature, i.e. by what it is. It is important to observe the interrelation of these three axioms. Existence is the first axiom. The universe exists independent of consciousness. Man is able to adapt his background to his own requirements, but “Nature, to be commanded, must be obeyed” (Francis Bacon). There is no mental process that can change the laws of nature or erase facts. The function of consciousness is not to create reality, but to apprehend it. “Existence is Identity, Consciousness is Identification.”Which of the following is DEFINITELY CORRECT according to the passage:
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