Just over a month ago, the Supreme Court had on March 13 referred the petitions to the Constitution bench stating the matter raised questions of “seminal importance”.
CJI Chandrachud-led five-judge bench to hear same sex marriage case on April 18 Just over a month ago, the Supreme Court had on March 13 referred the petitions to the Constitution bench stating the matter raised questions of “seminal importance”.
The Supreme Court has set up a five-judge Constitution bench to hear petitions seeking legal recognition of same sex marriages. The bench set up by Chief Justice of India D Y Chandrachud comprises Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha, besides the CJI.
Just over a month ago, the Supreme Court had on March 13 referred the petitions to the Constitution bench stating the matter raised questions of “seminal importance”. In its reference order, a three-judge bench headed by the CJI had said the submissions on the issue involve the interplay between constitutional rights on the one hand, and specific legislative enactments, including the Special Marriage Act, besides the rights of transgender couples, on the other.
The three-judge bench has listed the matter for hearing on April 18.
The Central government, which has opposed the petitions, has urged the SC to leave the issue to be decided by Parliament. It told the top court that a “legislative understanding of marriage in the Indian statutory and personal law regime” refers only to marriage between biological men and women and that any interference “would cause complete havoc”.