CLAT POST AUGUST B - LEGAL UPDATES
Call Kai
Learn
Practice Test
Spaced Repetition
Match
Flashcards
Knowt Play1/66
There's no tags or description
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced | Call with Kai | Chat |
|---|
No analytics yet
Send a link to your students to track their progress
67 Terms
Who was in the bench that modified the operation of the three-year practice requirement for entry into subordinate judicial service on 21 Aug?
CJI Surya Kant, Justices AG Masih and KV Chandran.
What did this bench rule?
reduced the pre-examination req to 1 year and said it could be balanced by institutional training and supervised work
Who dismissed the review?
In minority opinion Justice Chandra
How did this new ruling come to be?
Arose out of review petitions filed against the court’s judgement of 20 May 2025 which reinstated the three-cycle.
What is the timelines for this ruling?
HC have been directed to amend their judicial service rules within 3 months and this scheme will run for 5 years after which its working will be examined on empirical material.
What did the court describe as the basis of intervention?
Court clarified that this intervention was not replacing experience but changing the way it will be implemented through pre-institutional training at State Judicial academy with supervised probation. In addition, the sudden application of the 3-year rule without transitional arrangement caused hardship to young lawyers and graduates. However court rejected the submission that postgraduate legal education should be treated as experience at the Bar.
What is the transitional window for this?
Recruitment notifications issued between 20 May 2025 and 31 March 2027 can apply for CIvil Judge (Junior division) w/o prior practice because they are automatically deemed to have completed a year.
What ist he post-selection framework?
First appointed as trainee Judicial officers for a year
Undergo a year of intensive training at the state judicial academy (eq to 1 year at bar)
Six months under principle district judge or members of the higher judicial service
Trainees recieve emoluments half of gross remuneration of a judicial magistrate first class
Regular judicial rank, pay scale and service benefits follow only on satisfactory completion and evaluation of the two-year program.
What was the 2002 All India Judges association case?
Court permitted fresh law graduates to enter judicial services without prior practice at the Bar
What did the Judgement of 20 May 2025 do?
Restored 3 year practice req
What did the review petitions contend?
Compulsory practice would deter talented graduates, proposed structured training and clerkships as alternatives.
What did the court maintina about entry-level judges?
Deal with life, liberty, property and eprsonal rights from the first day, requiring familiarity with court procedure and Bench-Bar dynamics.
What is Article 233?
Empowers the Governor to appoint, post and promote District Judges, in consultation with HC. Candidate from outside gov service requires at least 7 years experience as advocate or pleader and rec from HC.
What is Article 234?
Provides that persons other than District Judges are appointed by the Governor under rules framed after consultation with the State public services commission and HC.
What is Article 235?
Vests administrative, disciplinary and operational control over district courts and the subordinate judiciary in the respective HC.
Who presided over the State of Uttar Pradesh v. Jai Bir Singh and what was the matter of the case?
9 judge bench headed by Chief Justice Surya Kant over the matter of meaning of Industry under labor law.
What did was the bench examining and what was their decision?
They were examining the correctness of the expansive interpretation of “Industry” given to Section 2(j) of the Industrial Disputes Act, 1946 by a seven judge bench in 1978. They held that the 1978 interpretation will continue to govern disputes still pending under the repealed 1947 act.
What did the court decide over the Industrial relations code, 2020?
Held that “industry” under Section 2(p) of this act must be read on its own text and scheme, and that the 1978 ruling will not be its “sheet” anchor.
What was the 1978 precedent case called?
Banglore Water Supply and Sewerage Board v. Rajappa
What was the core idea of the Bangalore Water Supply and Sewerage Board v. Rajappa?
Before 1978 is was unclear which organizations counted as an “industry” under Section 2(j) of the Industrial Disputes Act, 1947. The SC gave Section 2(j) a very broad and wide interpretation, bringing many non-traditional organizations under labor law protections, until this 1978 case.
What is the Triple test and what does it consist of?
The court of the 1978 case established that an activity qualifies as an industry if it satisfies three conditions
Systemic or organized activity
Cooperation between employer and employee
Production or distribution of goods or services to satisfy human wants and wishes.
Which factors were irrelevent in determination?
Court ruled that having a profit motive or capital investment is irrelevent.
What organizations were included as industry?
Hospitals, educational institutions, municipalities, clubs, and certain welfare activities were all brought under labor law protections.
Which organizations were excluded?
Core soverign functions of the government (such as defence, law and order, and the judiciary) were excluded.
What was the dominant nature test?
For organizations that carry out multiple mixed activities (some commercial/systematic and some non-industrial), the court established the dominant nature test to determine whether the main character of the overall enterprise qualifies as an industry.
Why does the definition of Industry matter?
Because it decides whether statutory labor protections and dispute resolution machinery applies to an establishments employees and the broad reading would allow workers to pursue claim on wages, working conditions, unionization, strikes and protection against arbitrary dismissal. In addition, a later constitution bench described the resulting rise in labor litiation as a docket explosion.
How did the State of Uttar Pradesh v. Jai Bir Singh (2005) start and how did it progress?
In this case, a 5 judge bench doubted the 1978 interpretation and referred it to a larger bench. In Jan 2017, a seven judge bench directed that the reference be placed before 9 judges. 9 judge bench framed four questions by an order of 16 feb 2026 covering the correctness of the triple test, the status of gov welfare activites, the scope of sovereign functions and any allied cause.
Was the 7 judge bench referring it to the 9 judge bench legal? If so how?
It was done correctly and legally because of precedent Stare Decisis in which existing legal precedents do not stop a larger bench from reconsidering a past ruling, provided the proper procedures are followed.
How did the 9-judge bench refine the “Triple Test” for an Industry?
The core framework remained however the last req was changed to “involve goods or services that have a discernible commercial character (similar to trade or business).
How is “Industry” applied to institutions and government with the new judgement?
An organization carrying out philanthropic work is not automatically excluded from being treated as a trade or business. Welfare activity and economic ventures run by the gov or statutory bodies are not exempt just because the State runs them. Core sovereign government functions remain excluded from being classified as an industry. However, separate/severable units operating within those government departments can still qualify as industry.
What happened to the Dominant Nature Test and 1982 Amendment ?
Dominant Nature test remained unchanged, and the 1982 amendment to the Industrial Dispute Act (which attempted to narrow the definition of an industry) was never brought into force and has no legal effect.
What happens to pending cases under the old law (1947 Act)?
Still be decided using the 1978 triple test.
What happens to previously settled decisions?
they will not be re-opened or disturbed.
What happens to future cases under the new law (2020 code)?
Disputes under the Industrial Relations Code, 2020 will be governed by the new statutory ryles and interpreted afresh rather than relying on the old 1978 precedent.
What is the repeal date of the old provision Section 2(j) of the 1947 Act?
Officially repealed on 21 Nov, 2025 which is when the new 2020 code came into force.
What was the majority opinion in this recent case?
CJI’s opinion was supported by Justices Satish Chandra Sharma, Alk Aradhe, and Vipul M. Pancholi.
Which judge held that the reference to a larger Bench was unnecessary and hat the 1978 ruling needed no interference or modification, noting it had been followed in at least 84 later decisions across nearly 48 years?
Justice B.V. Nagarathna.
Which judges thought that institutional credibility depends on respecting finality, and that adding a “commercial character” requirement would defeat the purpose of the statutory scheme?
Justice Dipankar Datta and Justice Ujjal Bhuyan
Which judge held that no fresh interpretation was needed for a provision that had already been repealed, and that Section 2(p) must be read strictly on its own text?
Justice P.S Narasimha
Which judge agreed that the reference was validly made but declined to support the new reformulated test, holding that services from purely charitable institutions may be excluded with charitable character in general remains irrelevant?
Justice Joymalya Bagchi
What was the consensus in the end?
The overall split has been reported variously as 5:4, 6:3, or 4-4-1 because no single group of judges endorsed every single proposition.
How did the Parliament consolidate the labor codes?
Between 2019-20, Parliament merged 29 central labour laws into four simplified Codes:
Code on Wages, 2019
Industrial Relations Code, 2020
Occupational Safety, Health and Working Conditions Code, 2020
Code on Social Security, 2020.
Key features of Industrial relations code - Expanded definition of worker
Now includes sales promotion employees, working journalists, and certain supervisory staff.
Key features of Industrial relations code - Union Recognition Thresholds
Gives statutory recognition to unions. It requires a 51% membership threshold for a union to be named the sole Negotiating Union; if no single union reaches 51%, a negotiating council is formed.
Key features of Industrial relations code - Fixed term employee benefits
Employees on a fixed-term contracts receive benefits comparable to permanent workers, including entitlement to gratuity after just one year.
Key features of Industrial relations code - Strike Restrictions.
Requires a 14 day advance notice before striking and bans strikes during conciliation and tribunal proceedings.
Key features of Industrial relations code - Government Permission for Lay offs/Closures
Establishments with 300 or more workers must obtain prior government permission before laying off, retrenching, or closing down.
Key features of Industrial relations code - Direct Access to industrial Tribunals.
Workers can go directly to an Industrial Tribunal if conciliation attempts fail within 90 days.