ECHR Rights: Slavery, Liberty, Fair Trial and Social Charter
Article 4: Slavery, Servitude, and Forced Labour
Article 4 of the ECHR prohibits slavery, servitude, and forced or compulsory labour. To interpret these terms, the Court (ECtHR) looks at international treaties, as seen in S.M. v. Croatia. The article divides exploitation into three levels:
- Slavery: The most severe form, where one person exercises ownership powers over another.
- Servitude: An aggravated form of forced labour involving coercion or fear from which the victim cannot escape.
- Forced or Compulsory
Contract of Guarantee: Essential Elements and Legal Principles
Contract of Guarantee: Definition and Legal Framework
A contract of guarantee is a significant special contract under the Indian Contract Act, 1872. In commercial and banking transactions, creditors often require additional security before granting loans or extending credit. Such security is provided by a third person who promises to discharge the liability if the debtor fails to do so. This promise creates a contract of guarantee. The provisions relating to guarantees are contained in Sections 126
Read MoreContract of Guarantee vs Indemnity: Key Differences
Contract of Guarantee
A contract of guarantee is a special type of contract recognized under the Indian Contract Act, 1872. Defined under Section 126, it is an agreement to perform the promise or discharge the liability of a third person in case of their default. The parties involved are:
- Surety: The person who gives the guarantee.
- Principal Debtor: The person in respect of whose default the guarantee is given.
- Creditor: The person to whom the guarantee is given.
The object is to provide security to
Read MoreInternational Court of Justice: Role, Structure, Powers
The International Court of Justice (ICJ), often referred to as the “World Court,” is the principal judicial organ of the United Nations (UN). Established in 1945, its seat is at the Peace Palace in The Hague, Netherlands.
Structure and Composition
- Composition: The Court consists of 15 judges elected for nine-year terms by both the UN General Assembly and the UN Security Council, voting simultaneously but separately.
- Independence: Judges do not represent their governments but are independent magistrates.
Mayor’s Courts and the Privy Council in Colonial India
Features of the Mayor’s Court
Established in Presidency Towns
Mayor’s Courts were created in Bombay, Madras, and Calcutta, which served as the primary British settlements in India.
Composition of the Court
- Mayor: Head of the court, chosen from the Aldermen.
- Aldermen: 9 members, typically British merchants or officials who assisted in deciding cases.
Civil Jurisdiction
The Mayor’s Court primarily handled property disputes, trade disagreements, contract cases, and civil matters. It did not typically
Read MoreIndian Constitutional Framework: Key Principles and Institutions
Parliamentary Government
Meaning: Parliamentary government is a system where the real executive is responsible to the legislature and remains in office only as long as it enjoys the confidence of the majority in the lower house. It is also known as the Cabinet or Westminster system.
Constitutional Basis in India
- Article 74: Council of Ministers with the PM at the head to aid and advise the President.
- Article 75(3): Council of Ministers is collectively responsible to the Lok Sabha.
- Article 53: Executive