Keyword – SC, CJI, Art 32
Many applications, one of which was submitted by the lead petitioners in the case, have been brought before the court asking for a reexamination of the Supreme Court’s October five-judge decision rejecting same-sex couples’ legal status.
The Indian Supreme Court will decide whether to hear review petitions contesting its decision to not recognise same-sex marriage legally in an open forum.
In order to request that the review pleas be listed, petitioners in the case brought up the review pleas before a bench chaired by Chief Justice DY Chandrachud on Thursday.
On behalf of the review petitioners, Senior Advocate Mukul Rohatgi informed the court that November 28 is the tentative date for listing the case and that it shouldn’t be removed off the list.
The CJI, nonetheless, said that he hadn’t inspected the case yet. He likewise requested that the solicitors complete every one of the authoritative conventions for posting of the case. “Circle it, I haven’t analyzed it. Finish every one of the authoritative customs,” the CJI said.
Several petitions have been filed with the court, one of which was filed by Supriya Chakravarty and Abhay Dang, the lead petitioners in the case. They are asking for a review of the Supreme Court’s October five-judge ruling that refused to recognise same-sex unions legally, stating that Parliament should have the final say on the matter.
The petitioners contend that constitutional courts have the authority to examine statutes to make sure they are consistent with the principles of the constitution. These courts accept same-sex marriage without waiting for the legislature to pass new legislation or change existing ones.
The petitioners, who were successful in their Article 32 case and the Supreme Court agreed that their relationship must be recognised by the Constitution, felt wronged because they were not granted any redress. Their appeal had made clear that they were excluded from and subjected to discrimination by the current statutory framework governing marriage.
Written by – Sohan Mishra , College name – SOA National Institute of Law, Semester – 3rd Semester an intern under legal Vidhiya
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