Table of Contents
The Hindu Editorial Analysis
We understand the significance of reading The Hindu newspaper for enhancing reading skills, improving comprehension of passages, staying informed about current events, enhancing essay writing, and more, especially for banking aspirants who need to focus on editorials for vocabulary building. This article will explore today’s editorial points, along with practice questions and key vocabulary.
New Code Overturns 1978 Definition of ‘Industry’: SC
- A nine-member Bench of the Supreme Court, in a judgment where the judges had different views on some issues, held that the nearly 50-year-old broad meaning of the word ‘industry’ will no longer apply under the new Industrial Relations Code, 2020 (IRC). This earlier broad meaning had given workers stronger labour rights and greater protection.
- The case before the Constitution Bench, headed by Chief Justice of India Surya Kant, was about the wide meaning given to the word ‘industry’ in a 1978 judgment of a seven-judge Constitution Bench. That judgment was given in the case of Bangalore Water Supply and Sewerage Board v. R. Rajappa and was written by Justice V.R. Krishna Iyer.
- The 1978 judgment, which is now 48 years old, had allowed workers in many different kinds of jobs to seek legal help when employers treated them unfairly. This included the right to use collective bargaining, through which workers can come together and raise their demands before employers.
- The 1978 judgment had kept only some important government functions, known as core sovereign activities, outside the meaning of ‘industry’. These included the judiciary, law and order, defence, etc. These activities were kept outside the definition so that the government could carry out its basic functions independently.
- The judgment also introduced what became known as the ‘triple test’ for deciding whether an activity could be considered an ‘industry’. According to this test, an activity would come under ‘industry’ if it was systematic or organised, involved cooperation between employers and employees, and was connected with the production of goods or services to meet human needs.
- Because of this wide definition, the 1978 judgment brought many institutions and activities under the meaning of ‘industry’. This included hospitals, educational institutions and municipalities.
- On Thursday, the majority of the nine-member Bench held that the meaning of ‘industry’ under Section 2(p) of the Industrial Relations Code would not be based on, or restricted by, the interpretation given to Section 2(j) of the Industrial Disputes Act, 1947 in the 1978 Bangalore Water Supply judgment.
- In simple terms, this means that the meaning of ‘industry’ under the Industrial Relations Code will now be decided afresh. The courts will not simply take the meaning given to ‘industry’ in the 1978 judgment and apply it to the new law.
- Chief Justice Surya Kant said that the 1978 judgment and the conclusion reached in that case would not be the “sheet anchor” or main foundation for deciding the meaning of Section 2(p) of the Industrial Relations Code in the future. The Industrial Relations Code came into force in November 2025.
- At the end of an hour-long session in which the judgment was read out on Thursday, the CJI summed up the position by saying that the future meaning of ‘industry’ under Section 2(p) of the Industrial Relations Code is “not burdened” by the earlier interpretation of Section 2(j) of the Industrial Disputes Act.
- The majority opinion on this particular issue was written by Chief Justice Surya Kant and supported by Justices Satish Chandra Sharma, Alok Aradhe and Vipul M. Pancholi. Justices P.S. Narasimha and Joymalya Bagchi also agreed with this conclusion in their separate opinions.
- The CJI’s opinion also suggested that the 1978 triple test could be “refined” or expressed in a better way. He accepted that the basic principles of the test had remained useful and had stood the test of time while deciding industrial disputes. However, he felt that the different parts of the test could have been explained differently so that the scope and limits of Section 2(j) could have been made clearer.
- At the same time, the CJI made it clear that this suggestion was only his “considered opinion”. It should not be used to change the legal position that currently applies to cases that are still pending, and it should not be used to reopen or disturb cases that have already been decided.
- The CJI said that all pending cases before courts, Tribunals, labour authorities or any other forums under the Industrial Disputes Act, 1947 must continue to be decided according to the interpretation of Section 2(j) given in the Bangalore Water Supply and Sewerage Board judgment.
- Justice P.S. Narasimha agreed with this view. He said that after the Industrial Relations Code came into force, the earlier authoritative interpretation of Section 2(j) of the Industrial Disputes Act had lost its immediate importance, because the new law had replaced the earlier legal framework for the future.
- In her separate opinion, Justice B.V. Nagarathna, supported by Justice Dipankar Datta, said that the reference questioning the 1978 judgment was “unwarranted” and could not be maintained before the Court.
- Justice Nagarathna said that it was more important than ever to keep the broad and inclusive meaning of ‘industry’ because doing so would help protect the rights of workers.
- Justice Dipankar Datta wrote an independent opinion which was shared with Justice Ujjal Bhuyan. Their views, along with the other separate opinions, showed that the judges of the nine-member Bench had different opinions on important parts of the issue, even though the majority agreed that the 1978 interpretation of ‘industry’ under the old law would not automatically apply to the new Industrial Relations Code.
India, Japan Ink Maritime Security Pact to Strengthen Defence Cooperation
- Defence Minister Rajnath Singh and Japanese Defence Minister Shinjiro Koizumi held bilateral talks in New Delhi. During the meeting, India and Japan signed a Memorandum of Arrangement (MoA) on Maritime Security Cooperation and agreed to increase cooperation in practical defence matters, including sharing information, conducting naval exercises, repairing ships and providing logistics support.
- According to the Defence Ministry, the two Ministers again confirmed their commitment to further strengthen defence ties under the “Japan-India Special Strategic and Global Partnership”. They also agreed to work towards maintaining a free and open Indo-Pacific region at a time when tensions are rising across the world.
- The newly signed agreement on maritime security will provide a framework for closer cooperation between the Japan Maritime Self-Defense Force and the Indian Navy. This cooperation will cover areas such as Maritime Domain Awareness (MDA), search and rescue operations, and humanitarian assistance and disaster relief.
- The two sides also agreed to improve coordination for protecting Sea Lines of Communications. For this, they will increase reciprocal naval visits, conduct joint exercises, exchange military personnel and subject matter experts, and provide logistical support, including access to ports and facilities for ship maintenance and repair.
- India and Japan will also increase cooperation in mine countermeasures and explore the possibility of jointly developing naval ships and ship designs. This will be done by making use of Japan’s technological knowledge and India’s production capabilities.
- Both countries will also discuss how India’s shipbuilding capabilities can be used more under the “Make in India” framework. They will also work towards providing ship repair facilities to each other.
- The Ministers welcomed the expansion of military exercises between the two countries, including Dharma Guardian and JAIMEX, as well as the planned Veer Guardian 26 air exercise. For the first time, Japanese fighter aircraft will take part in this exercise in India.
- India and Japan also agreed to make their bilateral military exercises more advanced and challenging. They will include unmanned systems in these exercises and explore the possibility of holding joint exercises at short notice.
- The two countries will increase exchanges between their Special Operations Forces. They will also work towards cooperation with India’s integrated theatre commands once these commands are established.
- India’s Defence Research and Development Organisation (DRDO) and Japan’s Acquisition, Technology & Logistics Agency (ATLA) will further increase cooperation in advanced defence technologies. A Defence Industry Forum will also be organised to support this cooperation.
- The two sides described the shipborne UNICORN integrated communications antenna system as an important symbol of their growing defence equipment partnership. They also committed to making efforts for its early realisation.
- India and Japan agreed to set up a Working Group headed by officials at the Director-General/Joint Secretary level. This group will coordinate cooperation between the two countries in operational matters, intelligence, defence equipment, technology and industrial areas.
- The Ministers also agreed to speed up discussions for the fourth India-Japan “2+2” Foreign and Defence Ministerial Dialogue. The meeting is scheduled to be held in Tokyo this year.
SC asks CBSE to ease three-language rule for Class 6
- The Supreme Court on Thursday asked the Central Board of School Education (CBSE) to consider giving the students who are currently in Class 6 a one-time exemption from appearing for the compulsory third-language Board examination.
- The court asked the CBSE to rethink the way the three-language policy is being introduced. It suggested that the policy could be introduced from earlier classes so that students, their families and schools get “some elbow space”, meaning enough time and freedom to adjust to the new requirement.
- Justice Joymalya Bagchi asked Additional Solicitor-General Aishwarya Bhati, who was representing the CBSE, why the present Class 6 students could not be given an exemption from writing the third-language examination when they appear for their Class 10 Board examination.
- According to the CBSE guidelines, students studying in Classes 7 to 9 have been kept out of this requirement. However, the students who are currently in Class 6 are supposed to face the complete implementation of the policy, which includes a compulsory third-language examination in their Class 10 Board examination by 2031.
- The Supreme Court said that the three-language system would eventually have to be introduced, but at the same time, it felt that the CBSE needed to plan and manage its implementation in a better and more organised way.
- Justice Bagchi said that enough time would have to be given not only to the students but also for schools, teachers and other required facilities to be properly prepared. He pointed out that the necessary infrastructure and human resources would need time to become available across the different education Boards.
- He said that the idea of starting with the mother tongue, then learning an Indian language and then learning another Indian or foreign language was a good policy. However, he felt that this process should ideally begin when children are younger and studying in lower classes, because this would give them enough time to understand and adjust to the new languages.
- The court asked Aishwarya Bhati to get clear instructions from the CBSE on three important questions: whether the current Class 6 students could be given a one-time exemption; how enough teachers and other human resources could be arranged to meet the needs of the three-language system; and whether the system should ideally be started from lower classes.
- Lawyers representing the petitioners who are against the three-language policy argued that the policy clearly puts English in the category of a foreign language, along with other foreign-language choices such as French, Japanese and Spanish.
- The lawyers argued that because the policy requires students to study at least two Indian languages, students are left with only one place in their curriculum for a foreign language.
- They said that since almost all students choose English for that one foreign-language option, other languages such as French and Japanese are practically being pushed out of the main school curriculum.
- The petitioners also pointed out that many students are already studying French and Japanese. Under the new system, these students may now have to leave those languages and choose an Indian language instead. They argued that learning another foreign language can also create more employment opportunities in the future.
- Senior advocate Anand Grover said that this issue is especially important for children from middle-class and lower-class families, as these students should also have access to different language choices and the opportunities that may come with learning foreign languages.
- Grover also raised concerns about the level and difficulty of the textbooks being provided online under the three-language system. He said that some of the textbooks start directly with compound sentences, which can be difficult for a student who is just beginning to learn a language.
- Giving the example of Sanskrit, he explained that if a student has to learn Sanskrit, the student would first need to start with the basic letters and simple fundamentals. He questioned how a beginner would be able to understand textbooks that already begin with compound sentences.
- Chief Justice Surya Kant said that English could hardly be called a foreign language, considering its position and use in India.
- Responding to the argument about treating English as a foreign language, Aishwarya Bhati said that English is an official language under the Constitution. She explained that although English is not treated as a foreign language, it is also not an Indian native language.
- Bhati also explained the importance of language in relation to society and culture by saying that “Language is the vehicle of a culture.”
Important Questions
- What did the nine-member Bench of the Supreme Court hold about the nearly 50-year-old broad meaning of the word ‘industry’ under the Industrial Relations Code, 2020?
- What was the ‘triple test’ introduced by the 1978 Bangalore Water Supply and Sewerage Board v. R. Rajappa judgment?
- What areas of Maritime Security Cooperation will be covered by the newly signed Memorandum of Arrangement (MoA) between India and Japan?
- How will India and Japan increase cooperation in mine countermeasures and explore the possibility of jointly developing naval ships and ship designs?
- Why did the Supreme Court ask the CBSE to consider giving the current Class 6 students a one-time exemption from the compulsory third-language Board examination?
- What three important questions did Justice Bagchi ask Aishwarya Bhati to get clear instructions from the CBSE on regarding the three-language system?
Important Vocabulary
- Overturns — Changes or reverses an earlier decision or legal position.
- Sovereign — Relating to the supreme authority or powers of a state.
- Collective bargaining — A process in which workers come together to raise demands before employers.
- Authoritative — Accepted as reliable and having official or legal importance.
- Reciprocal — Given or done by each side in return for the other.
- Logistical — Related to organising and providing supplies, facilities or support.
- Humanitarian — Concerned with helping people and reducing human suffering.
- Realisation — The process of making a plan or idea happen.
- Exemption — Official permission not to follow a particular requirement.
- Infrastructure — Basic facilities and systems needed to support an activity.
- Curriculum — The subjects and learning content taught in a course or school.
- Compound — Made up of two or more parts; in language, involving combined sentence structures.
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