Supreme Court Refers Petitions Seeking Legal Recognition For Same-Sex Marriage To Constitution Bench
Live LawIn a significant development, the Supreme Court on Monday referred to a Constitution Bench a batch of petitions seeking legal recognition for same-sex marriages, observing that it was a matter of "seminal importance"A bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala observed in its order : "We are of the view that it would be appropriate if the issues raised. In a significant development, the Supreme Court on Monday referred to a Constitution Bench a batch of petitions seeking legal recognition for same-sex marriages, observing that it was a matter of "seminal importance" A bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala observed in its order : "We are of the view that it would be appropriate if the issues raised are resolved by the bench of five judges of this court with due regard to Article 145 of the Constitution. Senior Advocate Neeraj Kishan Kaul, appearing for petitioners, while providing an overview of his arguments stated that either the Special Marriage Act could be harmoniously construed to recognise same sex marriage or the bench could rely on the judgement in Navtej Singh Johar v. Union of India to recognise same sex marriage in India. Kaul, while relying on the judgments of KS Puttaswamy v Union of India, Deepika Singh v. Central Administrative Tribunal, and Navtej Singh Johar v. Union of India, argued– "The rights recognised by your lords in these judgements are far beyond the narrow interpretation given to Special Marriage Act."