SC Constitution Bench Begins Final Hearing of Petitions on Same-sex Marriage; Explaining The Legal Lexicon
News 18A Constitution bench of the Supreme Court comprising Chief Justice of India Dhananjaya Y Chandrachud, and justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli on Tuesday began the final hearing of a bunch of petitions seeking to legalise same-sex marriage. The apex court in its order referring the petitions to the Constitution bench stated: “Having due regard to the broader context of the petitions before this court and the interrelationship between the statutory regime and constitutional rights, we are of the considered view that it would be appropriate if the issues raised are resolved by a bench of five judges of this court in view of the provisions of Article 145 Constitution.” Article 145 of the Constitution Article 145 of the Constitution states: “The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five.” In its order referring the case to the Constitution bench, the court also pointed to an important case. In its order, the apex court said that besides relying upon cases like Navtej Singh Johar versus Union of India, the petitioners have asserted broader constitutional entitlements arising out of the right to life and personal liberty and the right to dignity, which is embodied in the provisions of the Constitution including its Preamble and as a natural incident of Articles 14, 19, and 21. Navtej Singh Johar versus Union of India On September 6, 2018, a five-judge bench of the Supreme Court unanimously struck down Section 377 of the Indian Penal Code which criminalised same-sex relations between consenting adults.