REVISITING BANGALORE WATER SUPPLY CASE
IN LIGHT OF REFERRAL TO 9 JUDGE BENCH OF SUPREME COURT
Keywords:
water supply, Bangalore, sewage, Supreme Court, jurisprudence, industrial lawAbstract
This paper revisits the historic case of Bangalore Water Supply and Sewage Board vs A. Rajappa, whose correctness was recently questioned by the Supreme Court of India and it was to this effect that this case was referred to a 9-judge bench of the Supreme Court to decide its correctness. The paper would be divided into two parts. The first part would be challenging the referral order itself by virtue of which the judgement has been referred to a larger bench. It would be analysing each of the 6 reasons the original 2005 order which were given in favour of the referral and would refute them to prove that it was indeed a flawed order. The second part would take a more consequentialist approach and argue that now that the case has been already referred, in what manner should the apex court decide it. It will be argued that it should hold the triple test doctrine laid down in the BWSSB case. Four arguments in support of this proposition would be presented to the readers. They would be discussed in details under the heads of A) Restating the original jurisprudence, B) Departure from the Three-part test, C) The distinction between inclusion and exclusion and lastly D) The overarching context.
References
1. Bangalore Water Supply & Sewage Board Vs A. Rajappa - 1978 SCR (3) 207
2. SC to revisit Justice Krishna Iyer’s Landmark Judgment in Bangalore Water Supply case on Thursday, LiveLaw.in, available at http://www.livelaw.in/sc - revisit-justice-krishna-iyers-landmark- judgment-bangalore-water-supply-case- thursday/ Last Accessed on: 25 March 2020; 08:27 PM
3. Lt. Col. Khajoor Singh vs Union of India 1961 SCR (2) 828
4. Keshav Mills Co. ltd. vs Commissioner of Income Tax 1965 SCR (2) 908
5. Ganga Sugar Corporation vs State of U.P 1980 SCR (1) 769
6. AIR 1994 SC 868
7. Coir Board, Ernakulam v Indira Devi P.S., (1998) 3 SCC 259
8. See National Commission on the Enterprises in the Unorganised Sector (NCEUS), The Challenge of Employment in India: An Informal Economy Perspective (2009), available at < http:// nceuis.nic.in/The_Challenge_of_Employm ent_in_India.pdf > Last Accessed on: 25 March 2019; 04:22 PM
9. D.N. Banerjee vs P.R. Mukherjee ; 1953 SCR 302
10. Baroda Borough Municipalit y vs Its Workmen; 1957 SCR 33
11. State of Bombay vs Hospital Mazdoor Sabha; 1960 SCR (2) 866
12. Corporation of the city of Nagpur vs Its Employees; 1960 SCR (2) 942
13. Ahmedabad Textile Research Association vs State of Bombay; 1961 SCR (2) 480
14. National Union of commercial employee’s vs M.R. Mehar; 1962 SCR Supl. (3) 157
15. University of Delhi vs A.R. Ramnath; 1964 SCR (2) 703
16. Secretary, Madras Gymkhana Club ... vs Management of The Gymkhana Club; 1968 SCR (1) 742
17. The Management Of Safdarjung ... vs Kuldip Singh Sethi; 1971 1 SCR 177
18. Bangalore Water Supply & Sewage Board Vs A. Rajappa - 1978 SCR (3) 207
19. Saurabh Bhattacharya, In Defense Of The Triple Test: A Case For Retaining The Standard In Bangalore Water Supply , Law and Other Things, available at: < https://lawandotherthings.com/2016/11/in- defence-of-triple-test-case-for_26/> Last Accessed on: 25 March 2019; 08:27 PM Cite this Article Ayush Mishra. Revisiting Bangalore Water Supply Case: In Light of Referral to 9 - Judge Bench of Supreme Court. National November 2020; 3(2): 38–45p.
