
Same-sex marriage: SC hints it may refer challenge to notice provision under Spl Marriage Act to 2-judge bench
India TV NewsThe Supreme Court, which is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriages, on Thursday indicated it might refer for adjudication by a two-judge bench the challenge to the 30-day prior notice provision in the Special Marriage Act, 1954. A five-judge constitution bench headed by Chief Justice D Y Chandrachud said on Thursday the 30-day notice provision is not a five-judge bench issue and has absolutely no connection with whether same-sex couples should have a right to marry. While Grover said it would be appropriate if the constitution bench decided the notice provision as the petitioners have already argued about it during the hearing, Ramachandran contended the issues are inter-linked. It is irrelevant to that.” When Grover contended it is a constitutional issue, Justice Chandrachud said, “Mr Grover, it is an important social issue but not necessarily a constitutional issue for a constitution bench.” The bench said constitutional issues can be decided even by a two or a three-judge bench.
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