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There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years. Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office, and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.
To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated. The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned. This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.
Q. According to the author why is it important to have women judges in the panel?
  • a)
    For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.
  • b)
    Non-traditional judges clearly may reach different decisions, but their willingness and ability to do so are constrained.
  • c)
    Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.
  • d)
    Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.
Correct answer is option 'C'. Can you explain this answer?
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What vision of equality does our Constitution commit us to? The answer has been contested repeatedly throughout the fraught legal history of Articles 15 and 16.Article 15(1) states:“The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.”And, Article 16(1) states:“There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.”These two articles are remedial in nature, that is, they seek to remedy, through law, historical wrongs – in this case, the wrong of discrimination. How, exactly, do they propose to do this? To fix ideas, let us start by proposing two tentative definitions. A colour-blind vision of equality is one that treats all classifications based on certain prohibited bases as inherently suspect, and in need of a compelling justification. This theory argues that the historical wrong in question was sorting people by the colour of their skin, their sex, or their caste, and treating them in an inferior manner on that ground. Race, sex, caste etc. are simply irrelevant to our worth as persons – hence, the term “colour-blind”.At the heart of the colour-blind theory is not simply a distaste of classifications, but the idea that citizens must be treated as individuals, and not as members of groups. Thus, one of the concerns that is standardly expressed by supporters of the colour-blind theory is that reservations and affirmative action – that classifies on the basis of groups – will serve only to perpetuate a society in which people are characterized and defined by their affiliation to and membership of stipulated social groups.Against the colour-blind theory of equality stands the group-subordination theory. The group-subordination theory holds that insofar as our society has been historically rife with discriminatory forms of injustice, such injustice has been meted out to groups qua groups – to women, to “lower-castes”, (at different stages and at different places) to Hindus or to Muslims. Insofar as individuals have suffered, they have suffered by virtue of their membership of these groups – as women, as Dalits, and so on. Thus, genuine, substantive equality can be achieved only by ensuring that historically subordinated groups are no longer subordinated.Thus, it is not enough for a Constitution to simply declare equality – if, because of a history of past discrimination and continuing non-legal present discrimination, minority groups are placed at a significant disadvantage qua minority groups, the government is permitted to take positive action to remedy that situation. One such action – the most famous and the most controversial – is affirmative action, i.e., Reservation.Q. The author of the passage is least likely to agree with which of the following statements?

The union government’s present position vis-à-vis the upcoming United Nations conference on racial and related discrimination world-wide seems to be the following: discuss race please, not a caste; caste is our very own and not at all bad as you think. The gross hypocrisy of that position has been lucidly underscored by Kancha Ilaiah. Explicitly, the world community is to be cheated out of considering the matter on the technicality that caste is not, as a concept, tantamount to a racial category. Internally, however, allowing the issue to be put on agenda at the said conference would, we are patriotically admonished, damage the country’s image. Somehow, India’s ritual beliefs elbow out concrete actualities. Inverted representations, as we know, have often been deployed in human histories as a"balm for the forsaken" – religion being the most persistent of such inversions.Yet, we would humbly submit that if globalizing our markets are thought good for the ‘national’ pocket, "globalizing our social inequities" might not be so bad for the mass of our people. After all, racism was uniquely institutionalized in South Africa as caste discrimination has been within our society: why then can’t we permit the world community to express itself on the latter with a function of the zeal with which, through the years, we pronounced what on the former?As to the technically about whether or not caste is admissible into an agenda about race (that the conference is also about ‘related discriminations’ tends to be forgotten), a reputed sociologist has recently argued that where race is a "biological"construct, caste is a "social"one. Having earlier fiercely opposed implementation of the Mandal Commission Report, the said sociologist is at least to be complemented now for admitting, however tangentially, that caste discrimination is a reality, although, in his view, incompatible with racial discrimination. One would like quickly to offer the hypothesis that biology, in important ways that affect the lives of many millions, is in itself perhaps a social construct. But let us look at the matter in another way.If it is agreed – as per the position today at which anthropological and allied scientific determinations rest – that the entire race of homo sapiens derived from an original black African female (called ‘Eve’) then one is hard put to understand how, on some subsequent ground, ontological distinctions are to be drawn either between races or castes. Let us also underline the distinction between the supposition that we are all Gods children and the rather more substantiated argument about our descent from ‘Eve’, lest both positions are thought to be equally diversionary. It then stands to reason that all subsequent distinctions are, in modern parlance, ‘constructed’ ones, and, like all ideological constructions, attributable to changing equations between knowledge and power among human communities through contested histories here, there, and elsewhere.This line of thought receives, thankfully, extremely consequential buttress from the findings of the Human Genome project. Contrary to earlier (chiefly 19th-century colonial) persuasions on the subject of race, as well as, one might add, the somewhat infamous Jensen offerings in the 20th century from America, those findings deny the genetic difference between "races". If anything, they suggest that environmental factors impinge on gene-function, as dialectic seems to unfold between nature and culture. It would thus seem that ‘biology’ as the constitution of pigmentation enters the picture first only as a part of that dialectic. Taken together, the original mother stipulation and the Genome findings ought indeed to furnish ground for human equality across the board, as well as yield policy initiatives towards equitable material dispensations aimed at building a global order where, in Hegel’s stirring formulation, only the rational constitutes the right. Such, sadly, is not the case as every day, fresh arbitrary grounds for discrimination are constructed in the interests of sectional dominance.Q.Based on the passage, which broad areas unambiguously fall under the purview of the UN conference being discussed?

Directions: Questions 17- 20 are based on a common set of Principles and Facts. Answer accordingly.Principle 1 – An action against violation of Fundamental Rights can only be brought against legislative or administrative actions of the state, and not against private actions.Principle 2- 'State‘ includes the Government of India, the Parliament, the state governments and legislatures, and all local and other authorities under the control of the government of India.Principle 3 – The fundamental right to equality entails that equals be treated equally.Principle 4 – No citizen shall on the grounds of caste (among other grounds), be ineligible for an office under the State.Principle 5 – Any law or action of the State that contravenes fundamental rights will be void to the extent of that contravention.Facts – Nirmala and Sitara are both civil servants who have served in different capacities for about twelve years now. Despite several transfers and changes in designation, they have continued to remain friends. One day, they both attend a stirring talk by a Dalit rights activist, and are so influenced by this talk, that they want to contribute to the Dalit movement in their capacity as civil servants. They decide to apply for managerial posts at the Department for Minority Affairs. Nirmala‘s application for the post was rejected on the grounds that she was Brahmin herself, and not eligible to manage the affairs of SCs and STs. Sitara‘s application for the post was rejected due to past animosity with Mr. Kapur, head of the Minority Affairs Department. Mr. Kapur, in a scathing email, informed her that she would not be considered for any post that required his approval. Nirmala and Sitara are both enraged by these rejections, and allege that their fundamental rights have been violated.Q.The discrimination here is based on her caste. Therefore, her fundamental right in this regard has been violated.Have the fundamental rights of Nirmala been violated in this instance?

The world marvels at how well the Indian Constitution has kept a diverse country together for more than 70 years. Its robustness and durability rest on its many built-in safeguards securing citizens' rights to freedom and justice and fair play which no government, however powerful, can hope to effectively recast within the space of a single or even multiple tenures in office.Mistakenly, however, this lengthy founding document of the Indian Republic is believed to have been completed solely by the Constituent Assembly, working flat out in just two years, eleven months and 17 days. In fact, the Constitution's long history stretches to over 40 years before its enactment, going all the way back to the Indian Councils Act of 1909. This law, for the first time, brought Indians into governance at central and provincial levels, albeit in a very limited way, through a highly restricted and unrepresentative electorate split on communal lines.The Government of India Act, 1919 was a vast improvement on the Indian Councils Act but remained unrepresentative. It also persisted with communal representation, which had earlier been endorsed by the Congress and the Muslim League through the Lucknow Pact of 1916. In its report submitted in 1930, the Simon Commission, constituted to evaluate the Government of India Act of 1919, recommended much greater Indian involvement in the governance of the country. What followed its report were three extraordinary roundtable conferences - in 1930, 1931 and 1932 - all held in London to see how best Indians could administer their country.Deliberations in these conferences brought out the concerns of different communities, especially the Depressed Classes of which Ambedkar was the de facto leader, and the Muslims led by Muhammad Ali Jinnah.Except the second conference, which Gandhi attended, the other two were boycotted by the Congress. These conferences gave voice to other interest groups too -those representing women and Anglo-Indians, for instance - and led to the passage of the Government of India Act of 1935, much of which found its way into the Constitution.Q. Which of the following was one of the major flaws of the "Government of India Act, 1919"?

Passage - 2The world marvels at how well the Indian Constitution has kept a diverse country together for more than 70 years. Its robustness and durability rest on its many built-in safeguards securing citizens rights to freedom and justice and fair play which no government, however powerful, can hope to effectively recast within the space of a single or even multiple tenures in office. Mistakenly, however, this lengthy founding document of the Indian Republic is believed to have been completed solely by the Constituent Assembly, working flat out in just two years, eleven months and 17 days. In fact, the Constitutions long history stretches to over 40 years before its enactment, going all the way back to the Indian Councils Act of 1909. This law, for the first time, brought Indians into governance at central and provincial levels, albeit in a very limited way, through a highly restricted and unrepresentative electorate split on communal lines. The Government of India Act, 1919 was a vast improvement on the Indian Councils Act but remained unrepresentative. It also persisted with communal representation, which had earlier been endorsed by the Congress and the Muslim League through the Lucknow Pact of 1916. In its report submitted in 1930, the Simon Commission, constituted to evaluate the Government of India Act of 1919, recommended much greater Indian involvement in the governance of the country. What followed its report were three extraordinary roundtable conferences - in 1930, 1931 and 1932 - all held in London to see how best Indians could administer their country. Deliberations in these conferences brought out the concerns of different communities, especially the Depressed Classes of which Ambedkar was the de facto leader, and the Muslims led by Muhammad Ali Jinnah. Except the second conference, which Gandhi attended, the other two were boycotted by the Congress. These conferences gave voice to other interest groups too - those representing women and Anglo-Indians, for instance - and led to the passage of the Government of India Act of 1935, much of which found its way into the Constitution. [Extracted from an article of The Hindu titled: The origin of the Constitution by Uday Balakrishnan, January 24, 2020.]Which of the following was one of the major flaws of the "Government of India Act, 1919"?

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There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years.Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office,and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated.The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned.This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.Q.According to the author why is it important to have women judges in the panel?a)For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.b)Non-traditional judges clearlymayreach different decisions, but their willingness and ability to do so are constrained.c)Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.d)Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.Correct answer is option 'C'. Can you explain this answer?
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There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years.Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office,and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated.The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned.This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.Q.According to the author why is it important to have women judges in the panel?a)For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.b)Non-traditional judges clearlymayreach different decisions, but their willingness and ability to do so are constrained.c)Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.d)Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years.Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office,and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated.The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned.This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.Q.According to the author why is it important to have women judges in the panel?a)For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.b)Non-traditional judges clearlymayreach different decisions, but their willingness and ability to do so are constrained.c)Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.d)Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years.Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office,and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated.The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned.This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.Q.According to the author why is it important to have women judges in the panel?a)For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.b)Non-traditional judges clearlymayreach different decisions, but their willingness and ability to do so are constrained.c)Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.d)Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.Correct answer is option 'C'. Can you explain this answer?.
Solutions for There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years.Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office,and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated.The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned.This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.Q.According to the author why is it important to have women judges in the panel?a)For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.b)Non-traditional judges clearlymayreach different decisions, but their willingness and ability to do so are constrained.c)Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.d)Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years.Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office,and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated.The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned.This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.Q.According to the author why is it important to have women judges in the panel?a)For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.b)Non-traditional judges clearlymayreach different decisions, but their willingness and ability to do so are constrained.c)Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.d)Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years.Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office,and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated.The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned.This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.Q.According to the author why is it important to have women judges in the panel?a)For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.b)Non-traditional judges clearlymayreach different decisions, but their willingness and ability to do so are constrained.c)Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.d)Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years.Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office,and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated.The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned.This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.Q.According to the author why is it important to have women judges in the panel?a)For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.b)Non-traditional judges clearlymayreach different decisions, but their willingness and ability to do so are constrained.c)Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.d)Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years.Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office,and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated.The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned.This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.Q.According to the author why is it important to have women judges in the panel?a)For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.b)Non-traditional judges clearlymayreach different decisions, but their willingness and ability to do so are constrained.c)Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.d)Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice There are six basic arguments as to why and how women judges make a difference. The first three arguments are symbolic. Firstly, the presence of women judges increases the democratic legitimacy of the judiciary, because a bench including women is more representative of the wider society which it serves than a bench with no women. Ideally, women should be represented on the judiciary in equal numbers with men, since this would reflect their proportions both in the general population and in the population of law graduates for at least the past 15 years.Secondly, the presence of women judges signals equality of opportunity for women in the legal profession who aspire to judicial office,and demonstrates that judicial appointment processes are what they claim to be—fair, meritocratic, and non-discriminatory. Thirdly, the presence of women judges provides encouragement and active mentoring for women in the legal profession, law students, and indeed younger women and girls, to aspire to, seek, and obtain judicial appointment, thus creating a virtuous circle enabling the gender balance in the judiciary to be improved.To the extent that women judges engage in active mentoring, this may be seen as a practical rather than merely symbolic effect of their presence. The fourth and fifth arguments as to why and how women judges make a difference are also practical. The fourth argument is that women judges are likely to have more empathy with women litigants and witnesses, including victims of crime, and thus may provide a better courtroom experience for these participants in the justice system, or at least one in which they (and women lawyers) are not subjected to sexist comments or other forms of gender bias from the bench, and in which overt sexism and gender bias by others in the courtroom in the course of proceedings is not tolerated.The fifth argument is that women judges will exercise this same lack of toleration behind the scenes, and so operate to educate and civilize their male colleagues by not allowing sexist comments, stereotyping, and gender bias to go unquestioned.This putative approach by women judges leads on to the sixth, substantive, argument, that women judges will bring a gendered sensibility to the process of decision-making, and thus (at least sometimes) alter the outcomes of cases.Q.According to the author why is it important to have women judges in the panel?a)For want of a more diverse judiciary, and in particular, whether it would make any difference to judicial decision-making.b)Non-traditional judges clearlymayreach different decisions, but their willingness and ability to do so are constrained.c)Their experiences of pregnancy, child-birth, child-rearing, and juggling work and family responsibilities, as well as often of sexism and discrimination-are very different from men’s. Thus, the inclusion of women’s experiences will make law more representative of the variety of human experience.d)Given the predominance of male judges, suggests a systematic tendency for judgments based on male life experience to prevail.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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