'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench [Day 2]

to be continued post lunch

J Bagchi: we would be careful in adding a caveat that our interpretation is in reference to the repealed law and not in reference to 2020 code

J Bagchi: madam please consider this that this ratio in bangalore was anticipating a parliamentary act. because in all probability, Justice Iyer's was a stopgap definition, awaiting legislative response and it response has come after 50 years.

CJI: we are confined to interpretation of what the definition is

Jaising: by what methodology of law? because you will have to decide whether exclusion of charity is right or wrong

CJI: we are not looking at the new act because then it would mean we are commenting on it

Jaising: but i fail to understand how this reference can be answered without describing whether charity is covered by the definition of industry. if the 9 judge bench gives a decision that its not, you are uploading the 2020 code

Jaising: the problem for us comes in the exclusions. very carefully deconstruct this charitable and social-I am not aware of any legal definition of the word social. I only see that work under the CSR-corporate social responsibility, and then comes philanthropic and then sovereign functions

J Datta: how did it reach seven judges? Safargung was holding the field, how did it reach the seven judges?

Jaising: it can by way of an appeal, my learned friend says it a reference order

CJI: if you go to 60s and 50s, there used to be four and six judge benches

Sr Adv CU Singh: I have a judgment, i dont have it at hand but it explained why the 4 judges was only an administrative convenience

Jaising: may be in those days there were not enough judges and the CJ found it convinent to appoint a bench of six judges. ordinarily the court takes a precaution for anticipating a difference of opinion where the majority

Jaising: second, why reference should be returned is because the judgment of seven judges is considered a judgement by 7 despite dissent. i am amazed that safargang is of six and bangalore is of five. I am curious how a bench of six can be set up, assuming that there was a difference of opinion equally divided.