No clear majority? The puzzle in SC's new 'Industry' test
New Delhi, Aug. 24 -- The Supreme Court's nine-judge Constitution Bench judgment on what constitutes an "industry" under the Industrial Disputes Act, 1947, raises an important question that the judgment itself does not answer with sufficient clarity: does the Chief Justice of India's reformulation of the 1978 Bangalore Water Supply test command a majority of the nine-judge bench?
The operative portion, read out on August 20, was understood as a 5:4 verdict, with CJI Surya Kant and justices Satish Chandra Sharma, Alok Aradhe, Vipul M Pancholi and PS Narasimha forming the majority on the need to refine the law. But the judgment released subsequently reveals a more complicated picture.
The CJI's opinion is expressly authored "on behalf of hims...
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