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22 August 2026

Trade unions on SC industry definition judgment

This is a landmark nine-judge Supreme Court bench judgment concerning the interpretation of labor laws and the definition of industry, which directly impacts constitutional jurisprudence and industrial policy.

1 min read Day 2 of 5 2 questions 1 prelims

Notes

  • A nine-judge Supreme Court Bench ruled that the 1978 definition of 'industry' is not applicable to the Industrial Relations (IR) Code.
  • Trade unions argue that the judgment shifts focus from the nature of work to the institutional status of the employer.
  • Concerns raised regarding Section 2(p) of the IR Code, specifically exclusions for sovereign functions and charitable, social, or philanthropic institutions.
  • Critics argue that governmental activity should not be automatically equated with sovereign functions.
  • The judgment is viewed by some unions as potentially weakening labour protections by narrowing the scope of what constitutes an industry.
  • Justice Nagarathna raised concerns regarding the necessity of reopening settled jurisprudence that had been in place for nearly five decades.

Part of a longer story

This is day 2 of 5 in Supreme Court ruling on 'industry' definition under Industrial Relations Code, which has been running since 21 August 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

Questions

  1. Examine the implications of the shift from the 'nature of work' test to the 'institutional status' of the employer in defining an industry under the Industrial Relations Code. 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. The definition of 'industry' has been a subject of evolving judicial interpretation in India. Discuss how the recent judicial approach to the Industrial Relations Code impacts the collective rights of workers and the scope of labour protections in the context of an increasingly privatised economy. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Which of the following best describes the concern raised by trade unions regarding the recent Supreme Court judgment on the definition of 'industry'?