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

Jaising: i have indicated 3 reasons why according to me it strikes a note of caution in relation to answering the reference.

it was suggested one problem was that CJ beg was to retire. But my submission is that amongst the separate judgments that was rendered, the most precise and concise articulation of the definition of industry was J Beg's.

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J Bagchi: we would be careful in adding a caveat that our interpretation is in reference to the repealed law and not in reference to 2020 code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