1. We know that India is committed to the principle of mutual ‘non-interference’ in international affairs. However, will it be ethical to follow this principle if there is blatant violation of human rights in a neighboring country? Examine.
Introduction:
Your introduction should mention about India’s commitment to principle of mutual’ non-interference’ i.e. mention about Panchsheel in brief. Also mention about India’s commitment of this principle.
Body:
Mention about the ethical dimension of Indian principled stand.
India’s believe that every country should tackle its own problem maintains a high moral ground and shows India’s belief in peaceful co-existence however, as a country who wants to be a major global power and who feels responsibility towards protection of Human Rights. secondly, it may have an impact on the national security and can create internal tensions ex. Exodus of large no of people from myanmar, bangladesh etc has created local problems in area like assam, manipur etc. So to protect it’s own citizens make interference ethical.
India being a signatory of UN declaration of Human rights gives high priority to protection of Human rights and a promoter of Human rights on global arena.
Though India has maintained that It believes strongly in policy of non- interference, but India has used the platform of UN to raise issues of gross human right violations in its neighbor. Recent call regarding Baluchistan shows the changing trend in Indian Approach. India feels the responsibility to protect the people of the region.
Conclusion: –
Your conclusion should say that the question of being ethical or not should be tackled rationally. Though India is committed to cause of Non Intervention, but it would be ethical for her to intervene neighboring countries in case of human rights violation and the protection of its own national interest.
Best Answer1: Spectre
The principle of non interference in mutual affairs forms the base of NAM and the Panchasheel doctrine.The recent Prime minister’s independence day speech where he voiced his concern about Balochistan’s human rights violation ,showed deviation of India from the the non interference doctrines which the country had been maintaining for decades.
>>India had established NHRC, which is in line with the UN declaration of human rights , and also being the largest contributor to the UN peacekeeping missions shows the country’s commitment to check such atrocities
The country has always raised voice against such atrocities
eg: India had supported Palestine and opposed Israel’s entry to the UN
– raised its voice against colonial domination by european nations in Africa and South America, including the opposition of aparthied in south africa
>>Intervention right or wrong :
India being an emerging super power, trying to spread its wings in the global arena , it is rightful on its part to extend its support to fight human right violations in its neighbouring countries . It will enhance its image at a global level ensuring that the country will always support and will always stand by what it considers as rightful , thereby not deviating from its values. Ethically this is correct.
>>Going diplomatically,taking a stand may not be the right approach , as it will strain the relations with the neighbours. eg: India and pakistan relations had always been sour. With the PM voicing his concern abt Baloch, had further deteriorated the situation, saying that India had crossed the red line. It shows the failure in foreign policy.
So it can be said that whatever that seem to be ethically correct, may not always be rationally correct.So the decisions should always be made weighing both ethical and rational concerns and taking a stand accordingly which will not strain the relations of the country with its neighbour.
Best Answer2-Mukesh_Max
2. What are the elements of corporate governance? Discuss. Why is it important to have a robust corporate governance structure? Examine in light of the increasing instances of corruption in MNCs.
Introduction:
Start with what is corporate governance. Corporate governance is the process of decision making and by which decision are implemented in a corporate setup. Or the rules, method and manner in which a corporate company is governed and managed.
Body:
Part1:- Elements of corporate governance:-
-Mention elements of corporate governance and one line explanation to it.
Part2:- Why is it needed:-
-Tell why it is needed and its effects on economic interests like revenue to government, employment, financial misappropriation, crony capitalism, financial frauds, Black money generation and money laundering issues.
-For each point give a recent examples like Satyam, kingfisher, bank of Baroda (Money laundering), Sahara scam, offshore tax havens etc.
Conclusion:
End with what all agencies are present to check and keep track of them and in wake of these scams how improvement can be made to avoid such things in future like robust and technically specialist institutes, tribunals with no appeal law to bring offenders to books, too big to fail bank type initiatives for big companies etc.
Best answer: vengeancee
Corporate Governance in simple terms can be referred as structural mechanisms that establish harmonious relationship between economic & social goals of corporate organization. Its elements include:
1) Accountability: Board responsible to shareholders, management accountable to Board.
2) Fairness: small, medium, large investors are all treated equitably.
3) Independence: of auditors, independent directors, etc.
4) Transparency: financial, promotional aspects.
Robust corporate governance is needed because:
1) Fudging of balance sheets by Auditors, Managing Directors make huge losses to shareholders, and ultimately to Indian economy. Ex: Satyam scam.
2) Shell companies getting carved out making fund cross-transfers make investors lose interest in Indian markets. Ex: Sahara scam.
3) Bank NPAs are rising due to failure of good governance model in companies ultimately eating taxpayer’s money. Ex: Kingfisher scam.
4) Private sector is built up by social inputs, no harm if good governance prevails in private bodies.
5) Favorable Government policies should be effectively used, & not misused.
6) Constitutional values like equality, integrity, should be upheld by all irrespective of domain of operation.
In era of LPG reforms, corporate governance has gained relevance as Government is siding away & promoting autonomy. Recommendations of Company Law Commission, 2013 should be adhered to & incorporated by legislative processes.
Introduction:
You should explain the concept of ethical governance.
(concept is explained in detail for better understanding. You should only mention the concept in brief).
According to this approach, good governance cares for its citizens and their welfare and takes good care of administrative matters related to the citizens.
Body:
Mention the relationship between law and ethics. (Details are given only for understanding purpose)
The following diagram shows the relationship between law and ethics.
http://ansteadsue.tripod.com/Image9.gif
(above mentioned details will help you in answering below statements too)
Conclusion:
You should conclude it by saying that though law is important in public life but ethical dimensions helps a bureaucrate to effectively implement the laws and to achieve the goal of good governance.
Best Answer1: Mukesh_Max
Best Answer2: Yogesh Bhatt
Governance is about using the power by democratic rulers to serve the people for their social, economic, and political welfare. Ethics is paramount in governance because it ensures transparency, accountability, and compassion while delivering the service. Governance may be the subject of benevolence but it is ethics in governance which bring essence of duty to reach up to neediest people.
It is true that our constitution has essence of ethics and other than that, civil service code, duty norms of bureaucrats are full of ethical guidelines but in spite of that a bureaucrat need to ethics. Guidelines do not execute law but an individual do, so he needs to be ethical while delivering duty. It is work ethics who separate people like E Shridharan or Verghese Kurein from other bureaucrats. Guidelines serve the boarder purpose but bureaucrats need to work in details; in Defamation case SC mentioned that it is police officer who needs to use his logic to register the complaint. Such role play needs high values for effective interpretation of law.
Laws are static but bureaucrat duty is very dynamic and so law interpretation may different with situations. A police man will follow traffic rules in normal cases but same rule he cannot apply when an emergency vehicle running on the road and he is responsible to make green corroder for patient safely.
So law and guidelines are important but equally important is ethical office for its execution than only society may relish good governance.
Introduction: –
Your introduction should define corporate governance in brief.
(For understanding Purpose)
Body:
Mention about composition of governing boards of Public Sector Banks.
Discuss how Board of Public Sector banks perform on the criteria’s to be a model in corporate governance in India.
We thus have a situation where the public sector banks end up not having a semblance of good corporate governance.
Conclusion:
Your conclusion should mention about the way forward in terms on corporate governance in general and for Board of Public Sector banks in particular. Creation of Banks board bureau is a significant step in right direction but it has its own limitation which should be overcome soon to become implement the true form of corporate governance.
Best Answer1: vengeancee
Governing board of PSBs are claimed to be an example of good corporate governance when this new concept has started to find ground, but has been far from reality especially in private enterprises. Such claims can be said to be true as:
1) Regular auditing and transparency measures are adopted with rule-bound precautions.
2) Regular board meetings are held, and necessary information are divulged to public & shareholders regularly.
3) Independent directors are regularly appointed, and provisions like their remuneration, timely renewal & providing cooling-off period are maintained.
4) Post for CMD, CeO are regularly shuffled, before power concentration starts to take place.
However, certain problems are also exists:
1) No bifurcation of Chairman & Managing Director post has taken place in several banks despite multiple recommendations by experts, & committees.
2) Political patronage still works in key appointment as they are generally mandated by Cabinet Committee on Appointments (CCA) headed by PM.
3) Scams are not devoid of PSBs due to faulty governance procedures adopted, ex: Syndicate Bank controversy in 2014
4) Lack of autonomy persists through Finance Ministry’s interference, and Government being their major stakeholder.
Calling them model of corporate governance is rather difficult, and uncalled for. Corporate Governance is still in process of evolving, and PSBs are not flawless despite being comparatively satisfactory. Calling them a model to be followed by others in going down a slippery slope.
Best Answer2: Mukesh_Max
Best Answer3: abhishekrwt597
The Board of Directors are the nerve centre of Corporate Governance. There importance is magnified further in PSB, that are repositories of public funds(as stated by Narasimhan Committee). However, the composition of the Board of PSB is far from being a model in corporate governance and suffers from the following issues.
Firstly, the qualification and remuneration of board members needs to be clearly defined.
Secondly, qualification of Independent directors, their minimum number(1/3rd as per Companies Act), and their term in office needs to be specified. This gains significance as they are supposed to ensure good corporate governance and uphold the interest of shareholders(specially minority) on the board.
Thirdly, appointment of women on Board of directors in PSB, despite repeated SEBI directive, needs to be addressed immediately. Women directors are important both in accordance with principle of equality, and also to ensure adequate gender diversity in policy formulation by the Board(the feminist perspective).
Lastly, the appointment to the BOD should be on the basis of clear defined merit. Political appointments should be avoided(Current Govt’s stance is encouraging in the same), as they breed public distrust, and are often the reason behind PSB’s undertaking subprime lending(willful defaulters and NPA). The setting up of the Bank Board Bureau(BBB) by the current Govt to ensure impartial and apolitical evaluation and appointment of Board members is a step in the right direction.
With their rising NPA, poor stock market performance, political interference and middle heavy bureaucracy, PSB have come under the scanner. A board that adheres to the principles of corporate governance may go a long way in assuaging these concerns.
Since we have already discussed NHRC in detail in previous synopsis, here we will concentrate only on the question.
HRCs both at center and state level were formed by law i.e. statutory bodies to protect the human rights of the individuals or check the human right violations by public as well as private agencies. They are made independent bodies to minimize government interference in their working, with a retired Judge of Supreme court as its Chairman.
They have also been given the right to take Suo Motu cognizance and start an enquiry.
But HRCs in India have been crippled by certain drawbacks like:
(Since the focus of the question is only drawbacks, try to highlight them in your answer. But end your answer on a positive note, mentioning some of the successful actions taken by HRC against child rights, bonded labour etc. in your conclusion. We have already discussed them in the previous question on NHRC.)
Best Answer: MYK
One cannot protect without the very means to protect. This is much similar to a reflection of 2nd ARC {12th report} on the bleak role that HRC has been reduced to. The ordinance route and subsequent law enacted paved way for a statutory status to the HRC.
The body suffers from serious drawbacks:
Thus, in order to ensure HRC it’s right place, government must add more teeth to the Commission. It could be in line with SEBI which has it’s own punitive mechanism. HRC can be made more financially independent and adequate manpower of it’s own be given so that it can work out in an unbiased and independent manner.
