Contract 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
Key Legal Concepts in the Indian Justice System
Justice
Meaning: Justice is the ideal of fairness in society. The Preamble aims to secure Social, Economic, and Political Justice for all citizens.
Types of Justice
- Social Justice: No discrimination based on caste, religion, or gender. Ensures equal status and dignity. (Articles 14-18, 38).
- Economic Justice: Fair wealth distribution, adequate livelihood, and no exploitation. (Article 39(b)(c)).
- Political Justice: Equal political rights and the principle of one person, one vote. (Articles 325, 326).
Key
Read MoreCore Concepts of International Law and Constitutionalism
Nature of International Law
International law governs relations between states and between states and international organizations. Originally purely state-to-state, it now permeates domestic legal systems; human rights are applied in national courts, and investment tribunals affect corporations directly.
Key Structural Features
- No global legislature: Law is created through the International Law Commission (ILC) and UN General Assembly (UNGA) resolutions.
- No unified court: The ICJ, ICC, WTO tribunals,