indian judiciary "independent or not"
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YES JUDICIARY CAN BE TERMED AS STATE as specified by the 7 judge bench of Supreme court in A.R.Antulay v. R.S.Nayak, AIR 1988 SC 1531 where it was held that ‘court cannot pass any order which violates fundamental right of the citizen.’
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hu friend
I hope it helps u
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An array of corporate scams throughout the world has
triggered the growth in Committee Reports in various
jurisdictions. In India, there have been multifarious
Committee Reports and their recommendations have
culminated in the Companies Bill, 2012 which is yet to
see the light of the day. Most jurisdictions are moving
towards a realisation of the corporate governance
standards in the activities of the companies. In this
context, we enquire into the broader subject of
independent directors and how their independence may
be safeguarded. An important aspect of ensuring that
independent directors have an impetus to serve in that
position in a company is to adequately remunerate them.
However, though the remuneration provided to an
executive director may include profits of the company, it
cannot be so for non-executive directors. This is because
the underlying principle based on which the concept of
independent directors has evolved is independence of
judgment. For this purpose, the independent directors
must be free from any pecuniary interest in the company.
Specifically, this paper seeks to delve into the issue of
shareholding as a form of remuneration for independent
directors and to what extent are ESOPs a pecuniary
interest of the independent directors in the company.
I hope it helps u
.
.
.
An array of corporate scams throughout the world has
triggered the growth in Committee Reports in various
jurisdictions. In India, there have been multifarious
Committee Reports and their recommendations have
culminated in the Companies Bill, 2012 which is yet to
see the light of the day. Most jurisdictions are moving
towards a realisation of the corporate governance
standards in the activities of the companies. In this
context, we enquire into the broader subject of
independent directors and how their independence may
be safeguarded. An important aspect of ensuring that
independent directors have an impetus to serve in that
position in a company is to adequately remunerate them.
However, though the remuneration provided to an
executive director may include profits of the company, it
cannot be so for non-executive directors. This is because
the underlying principle based on which the concept of
independent directors has evolved is independence of
judgment. For this purpose, the independent directors
must be free from any pecuniary interest in the company.
Specifically, this paper seeks to delve into the issue of
shareholding as a form of remuneration for independent
directors and to what extent are ESOPs a pecuniary
interest of the independent directors in the company.
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