Justice Sanjeev Khanna recused himself from the hearing due to personal reasons, necessitating the reconstitution of the five-judge constitutional bench by CJI DY Chandrachud.
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NEW DELHI: Today (10th July): The Supreme Court deferred hearing the review petition filed against the October 2023 judgment, which denied the fundamental right to marry to queer couples.
READ ALSO: Same-Sex Marriage | CJI to Consider Pleas Seeking Review of Verdict
Justice Sanjeev Khanna recused himself from the hearing due to personal reasons, necessitating the reconstitution of the five-judge constitutional bench by CJI DY Chandrachud.
On the previous day, the petitioners, who sought a review of the Supreme Court’s verdict denying marriage equality to the queer community, orally mentioned their plea before a three-judge bench led by CJI Chandrachud, requesting an open court hearing.
“How can the review be done in open court? You know this is done in chambers,”
the CJI questioned.
The bench explained that review petitions are decided in chambers, and a constitution bench will address the merits of the plea challenging the Supreme Court’s verdict.
“Whether review petitions should be heard in open court is also determined by judges in chambers without lawyers,”
the CJI stated.
Senior Advocate NK Kaul highlighted the review petition against the ‘marriage equality’ decision, where the Supreme Court had refused to recognize same-sex marriages as legally valid.
CJI Chandrachud reiterated that review petitions are decided in chambers without lawyers, and a constitution bench would address the merits of the plea challenging the Supreme Court verdict.
The review plea was initially set to be heard by a five-judge bench led by CJI Chandrachud, including Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha.
It’s important to note that Justices Ravindra Bhat and SK Kaul, who were part of the original bench that delivered the same–sex marriage judgment, retired in 2023. In October of the previous year, a five-judge constitutional bench of the Supreme Court ruled against legalizing same-sex marriage in India.
Udit Sood, a patent attorney and one of the petitioners, filed a review petition challenging the Supreme Court’s October 2023 order.
READ ALSO: Review Petition Filed Against Supreme Court’s Decision on Same-Sex Marriage
The Supreme Court had unanimously held that there was no fundamental right to marry for LGBTQIA+ persons and that their right to marry could not be recognized under the Special Marriage Act. The five-judge bench upheld the validity of the Special Marriage Act, 1954, and refused to recognize the right of same-sex couples to enter into marriages or civil unions.
Read Previous Reports on Same-sex Marriage
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