{"title":"Revisiting Interpretation of 'Industry' as has Been Done in Bangalore Water Case from an Interpretation of Statute Perspective","authors":"A. Bhatnagar","doi":"10.2139/ssrn.1681528","DOIUrl":null,"url":null,"abstract":"The Bangalore Water case (1978) expanded the scope of ‘industry’ considerably which was not in tune with the post-1960 trend, that by and large tried to confine the scope of ‘industry’ Justice Krishna Iyer who delivered the majority judgment seemed to be influenced by a lot of factors while determining the confines of ‘industry’. The researcher tries to analyze the interpretational approach adopted by Justice Krishna Iyer in the Bangalore Water case to resolve the issue as to what activities can be ‘industry’. The researcher also attempts to discuss as to how judges substitute their own intentions in the garb of interpreting the intention of the legislature. The researcher opines that the act of interpretation of ‘industry’ as has been done by Justice Krishna Iyer in the case of Bangalore Water supply, is nothing but an act of judicial legislation which is unacceptable.","PeriodicalId":245985,"journal":{"name":"ERN: Institutions in Markets (Topic)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2010-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"ERN: Institutions in Markets (Topic)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.1681528","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The Bangalore Water case (1978) expanded the scope of ‘industry’ considerably which was not in tune with the post-1960 trend, that by and large tried to confine the scope of ‘industry’ Justice Krishna Iyer who delivered the majority judgment seemed to be influenced by a lot of factors while determining the confines of ‘industry’. The researcher tries to analyze the interpretational approach adopted by Justice Krishna Iyer in the Bangalore Water case to resolve the issue as to what activities can be ‘industry’. The researcher also attempts to discuss as to how judges substitute their own intentions in the garb of interpreting the intention of the legislature. The researcher opines that the act of interpretation of ‘industry’ as has been done by Justice Krishna Iyer in the case of Bangalore Water supply, is nothing but an act of judicial legislation which is unacceptable.