1. Designation of the Presiding Judge in Juvenile Justice Board under Juvenile Justice(Care and Protection of Children)Act,2006





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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-> My aim is to present a conception of justice which generalizes and carries to a higher level of abstraction the familiar theory of the social contract. In order to do this we are not to think of the original contract as one to enter a particular society or to set up a particular form of government. Rather, the idea is that the principles of justice for the basic structure of society are the object of the original agreement. They are the principles that free and rational persons concerned to further their own interests would accept in an initial position of equality. These principles are to regulate all further agreements; they specify the kinds of social cooperation that can be entered into and the forms of government that can be established. This way of regarding the principles of justice, I shall call justice as fairness. Thus, we are to imagine that those who engage in social cooperation choose together, in one joint act, the principles which are to assign basic rights and duties and to determine the division of social benefits. Just as each person must decide by rational reflection what constitutes his good, that is, the system of ends which it is rational for him to pursue, so a group of persons must decide once and for all what is to count among them as just and unjust. The choice which rational men would make in this hypothetical situation of equal liberty determines the principles of justice.In ‘justice as fairness’, the original position is not an actual historical state of affairs. It is understood as a purely hypothetical situation characterized so as to lead to a certain conception of justice. Among the essential features of this situation is that no one knows his place in society, his class position or social status, nor does anyone know his fortune in the distribution of natural assets and abilities, his intelligence, strength, and the like. I shall even assume that the parties do not know their conceptions of the good or their special psychological propensities. The principles of justice are chosen behind a veil of ignorance. This ensures that no one is advantaged or disadvantaged in the choice of principles by the outcome of natural chance or the contingency of social circumstances. Since all are similarly situated and no one is able to design principles to favor his particular condition, the principles of justice are the result of a fair agreement or bargain.Justice as fairness begins with one of the most general of all choices which persons might make together, namely, with the choice of the first principles of a conception of justice which is to regulate all subsequent criticism and reform of institutions. Then, having chosen a conception of justice, we can suppose that they are to choose a constitution and a legislature to enact laws, and so on, all in accordance with the principles of justice initially agreed upon. Our social situation is just if it is such that by this sequence of hypothetical agreements we would have contracted into the general system of rules which defines it. Moreover, assuming that the original position does determine a set of principles, it will then be true that whenever social institutions satisfy these principles, those engaged in them can say to one another that they are cooperating on terms to which they would agree if they were free and equal persons whose relations with respect to one another were fair. They could all view their arrangements as meeting the stipulations which they would acknowledge in an initial situation that embodies widely accepted and reasonable constraints on the choice of principles. The general recognition of this fact would provide the basis for a public acceptance of the corresponding principles of justice. No society can, of course, be a scheme of cooperation which men enter voluntarily in a literal sense; each person finds himself placed at birth in some particular position in some particular society, and the nature of this position materially affects his life prospects. Yet a society satisfying the principles of justice as fairness comes as close as a society can to being a voluntary scheme, for it meets the principles which free and equal persons would assent to under circumstances that are fair.A just society, as conceptualized in the passage, can be best described as:
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MCQ-> Read the passage below and choose the most appropriate answer for the questions that follow. Passage I one pictured a woman holding an hourglass next to the words: "Beauty has no age limit. Fertility does." Another portrayed a pair of baby shoes wrapped in a ribbon of the Italian flag. Yet another showed a man holding a half-burned cigarette: "Don't let your sperm go up in smoke" it read. They were part of a government effort to promote "Fertility Day" on Sept. 22? a campaign intended to encourage Italians to have more babies. Instead, the ads set off a furore, were denounced as being offensive, and within days were withdraw. What they did succeed in doing, however, was to ignite a deeper and lasting debate about why it is that Italy has one of the lowest birthrates in the world, and what can be done about it. The problem is not a lack of desire to have children, critics of the campaign say, but rather the lack of meaningful support provided by the government and many employers in a country where the family remains the primary source of child care. Many working women, without an extended family to care for a child, face a dilemma, as private child care is expensive. Some also worry that their job security maybe undermined by missing workdays because of child care issues. Many companies do not offer flexible hours for working mothers.Not surprisingly. Italy's long slowdown in childbirth has coincided with its recent economic slump. But Italian families have been shrinking for decades. In 2015, 488,000 babies were born in Italy, the fewest since the country first unified in 1861. It has one of the lowest birthrates in Europe, with 1.37 children per woman, compared with a European average of 1.6, according to Eurostat figures. By contrast, in France, the economy has been flat, too, but a family-oriented system provides a far more generous social safety net that includes day care and subsidies for families to have children. There, women have two children each on average.  The Ministry of Health began the fertility campaign on Aug. 31 with a group of online advertisements and a hashtag on Twitter. The goal was to publicize a series of public meetings on Fertility Day and encourage Italians to have more children. Even Prime Minister Matteo Renzi, whose own health minister started the campaign distanced himself from the ads in a radio interview. Under Mr. Renzi, Italy's government has p families with a so-called baby bonus of 80 to 160 euros, or about $90 to $180, for low- and middle-income households. and it has approved labor laws giving more flexibility on parental leave. But Italy allocates only 1 percent of its gross domestic product to social protection benefits — half the European average. One child out of three here is at risk of relative poverty.Italy's health minister, Beatrice Lorenzin, responding on Facebook, wrote that the Fertility Day, campaign was not a "call to reproduction" but a day to discuss "the fertility issues that 15 percent of Italians deal with." She promptly cancelled the campaign. "I am saddened that the launch of the advertising campaign misled many people,"Ms.Lorenzine said. "I withdrew it to change it."Which one of the following sentences is inaccurate based on all the facts detailed in  the passage?
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MCQ-> There are a seemingly endless variety of laws, restrictions, customs and traditions that affect the practice of abortion around the world. Globally, abortion is probably the single most controversial issue in the whole area of women’s rights and family matters. It is an issue that inflames women’s right groups, religious institutions, and the self-proclaimed ‘guardians’ of public morality. The growing worldwide belief is that the right to control one’s fertility is a basic human right. This has resulted in a worldwide trend towards liberalization of abortion laws. Forty per cent of the world’s population live in countries where induced abortion is permitted on request. An additional 25 per cent live in countries where it is allowed if the women’s life would be endangered if she went to full term with her pregancy. The estimate is that between 26 and 31 million legal abortions were performed in that year. However, there were also between 10 and 22 million illegal abortions performed in that year.Feminists have viewed the patriarchal control of women’s bodies as one of the prime issues facing the contemporary women’s movement. They abserve that the defintion and control of women’s reproductive freedom have always been the province of men. Patriarchal religion, as manifest in Islamic fundamentalism,traditionalist Hindu practice, orthodox Judaism, and Roman Catholicism, has been an important historical contributory factor for this and continues to be an important presence in contemporary societies. In recent times, govenments, usually controlled by men, have ‘given’ women the right to contraceptive use and abortion access when their countries were perceived to have an overpopulation problem. When these countries are perceived to be underpopulated, that right had been absent. Until the 19th century, a woman’s rights to an abortion followed English common law; it could only be legally challenged if there was a ‘quickening’, when the first movements of the fetus could be felt. In 1800, drugs to induce abrotions were widely advertised in local newpapers. By 1900, abortion was banned in every state except to save the life of the mother. The change was strongly influenced by medical profession, which focussed its campaign ostensibly on health and safety issues for pregnant women and the sancity of life. Its position was also a means of control of non-licensed medical practitioners such as midwives and women healers who practiced abortion.The anti-abortion campaign was also influenced by political considerations. The large influx of eastern and southern European immigrants with their large families was seen as a threat to the population balance of the future United States. Middle and upper-classes Protestants were advocates of abortion as a form of birth control. By supporting abortion prohibitions the hope was that these Americans would have more children and thus prevent the tide of immigrant babies from overwhelming the demographic characteristics of Protestant America.The anti-abortion legislative position remained in effect in the United States through the first 65 years of the 20th century. In the early 1960s, even when it was widely known that the drug thalidomide taken during pregnancy to alleviate anxiety was shown to contribute to the formation of deformed ‘flipper-like’ hands or legs of children, abortion was illegal in the United States. A second health tragedy was the severe outbreak of rubella during the same time period, which also resulted in major birth defects. These tragedies combined with a change of attitude towards a woman’s right to privacy led a number of states to pass abortion permitting legislation.On one side of the controversy are those who call themselves ‘pro-life’. They view the foetus as a human life rather than as an unformed complex of cells; therefore, they hold to the belief that abortion is essentially murder of an unborn child. These groups cite both legal and religious reasons for their opposition to abortion. Pro lifers point to the rise in legalised abortion figures and see this as morally intolerable. On the other side of the issue are those who call themselves ‘pro-choice’. They believe that women, not legislators or judges, should have the right to decide whether and under what circumstances they will bear children. Pro-choicers are of the opinion that laws will not prevent women from having abortions and cite the horror stories of the past when many women died at the hands of ‘backroom’ abortionists and in desperate attempts to self-abort. They also observe that legalized abortion is especially important for rape victims and incest victims who became pregnant. They stress physical and mental health reasons why women should not have unwanted children.To get a better understanding of the current abortion controversy, let us examine a very important work by Kristin Luker titled Abortion and the Politics of Motherhood. Luker argues that female pro-choice and prolife activists hold different world views regarding gender, sex, and the meaning of parenthood. Moral positions on abortions are seen to be tied intimately to views on sexual bahaviour, the care of children, family life, technology, and the importance of the individual. Luker identified ‘pro-choice’ women as educated, affluent, and liberal. Their contrasting counterparts, ‘pro-life’ women, support traditional concepts of women as wives and mothers. It would be instructive to sketch out the differences in the world views of these two sets of women. Luker examines California, with its liberalized abortion law, as a case history. Public documents and newspaper accounts over a 26-year period were analysed and over 200 interviews were held withheld with both pro-life and pro-choice activists.Luker found that pro-life and pro-choice activists have intrinsically different views with respect to gender. Pro-life women have a notion of public and private life. The proper place for men is in the public sphere of work; for women, it is the private sphere of the home. Men benefit through the nurturance of women; women benefit through the protection of men. Children are seen to be the ultimate beneficiaries of this arrangement of having the mother as a full-time loving parent and by having clear role models. Pro-choice advocates reject the view of separate spheres. They object to the notion of the home being the ‘women’s sphere’. Women’s reproductive and family roles are seen as potential barriers to full equality. Motherhood is seen as a voluntary, not a mandatory or ‘natural’ role. In summarizing her findings, Luker believes that women become activists in either of the two movements as the end result of lives that centre around different conceptualizations of motherhood. Their beliefs and values are rooted to the concrete circumstances of their lives, their educations, incomes, occupations, and the different marital and family choices that they have made. They represent two different world views of women’s roles in contemporary society and as such the abortion issues represent the battleground for the justification of their respective views.According to your understanding of the author’s arguments, which countries are more likely to allowabortion?
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