Published On: Wed, Apr 19th, 2023

Centre urges SC to make all states party to hearing in same sex marriage case

New Delhi: The Centre has filed a fresh affidavit in various petitions seeking legal recognition of same-sex marriage and urged the Supreme Court to make states and Union Territories a party in the matter. Solicitor General Tushar Mehta apprised the top court about the Centre`s fresh affidavit.

In light of the above, a prayer was made before this Court, to make all States a party

A five-judge Constitution Bench headed by the Chief Justice of India DY Chandrachud begins hearing a batch of petitions seeking legal recognition of same-sex marriage.

CJI DY Chandrachud remarked that the Centre has now informed the state that the matter is going on. That`s excellent! So now it`s not that the states are unaware, the court said. Centre apprised the SC that the Union of India, has issued a letter dated April 18 2023 to all States inviting comments and views on the seminal issue raised in the present batch of petitions.

Centre, in a fresh affidavit, submitted that the said issue goes to the root of the present matter and has far-reaching implications. Centre requested that all States and Union Territories be made a party to the present proceedings and their respective stance be taken on record and in the alternative, allow the Union of India, to finish the consultative process with the States, obtains their views/apprehensions, compile the same and place it on record before the Court, and only thereafter adjudicate on the present issue.

Centre, in the fresh affidavit, submitted it is clear that the rights of the States, especially the right to legislate on the subject, will be affected by any decision on the subject. Centre, in the affidavit, submitted before SC various States have already legislated on the subject through delegated legislations, therefore making them a necessary and proper party to be heard in the present case.

Centre, in the affidavit, submitted in such a matter wherein legislative rights of the States under the Seventh Schedule and the rights of the residents of the States are clearly in question, it was the bounden duty of the Petitioners to make all States a party to the present litigation.

Centre, in an affidavit submitted, that despite the same, the States were not made a party to the present batch of petitions, unlike other occasions wherein decisions on questions of seminal constitutional importance, especially wherein legislative powers of the States are under the scanner of the Court.

Centre submitted that any decision on the present issues without making States a party, without specifically obtaining their opinion on the present issue, would render the present adversarial exercise incomplete and truncated.

Centre submitted that in light of the above, a prayer was made before this Court, to make all States a party to the present litigation and invite their respective stands on the said issue during the hearing on April 18. Centre stated that despite the said constitutional, jurisprudential, and logically fair request being made, the top Court is not pleased to rule upon the same.

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