New DelhiThe Center has filed fresh affidavits in various petitions seeking legal recognition of same-sex marriages and urged the Supreme Court to implead states and union territories in the matter. Solicitor General Tushar Mehta apprised the top court about the Centre’s latest affidavit. A five-judge constitution bench headed by Chief Justice of India DY Chandrachud began hearing a batch of petitions seeking legal recognition of same-sex marriage.
CJI DY Chandrachud remarked that the Center has now informed the state that the matter is ongoing. That’s great! So it is no longer the case that the states are ignorant, the court said. The Center apprised the SC that the Union of India has issued a letter dated 18 April 2023 to all states inviting comments and views on the fundamental issue raised in the present batch of petitions.
The Center in a fresh affidavit said the said issue goes to the crux of the present case and has far-reaching implications. The Center requested that all the States and Union Territories be made a party to the present proceedings and their respective stand be taken on record and alternatively, the Union of India, after concluding the consultation process with the States, obtain their views/apprehensions to be allowed. Compile it and place it on record before the Court, and only then decide the present issue.
The Center has said in the fresh affidavit that 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. In the affidavit submitted before the Supreme Court, the Centre, various States have already legislated on the subject through delegated legislations, therefore making them a necessary and proper party to the proceedings in the present matter.
The Center submitted in the affidavit, in a matter in which the 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 the States a party to the present litigation.
The Center said in an affidavit that despite this, the states were not made party to the present batch of petitions, unlike other occasions where decisions are taken on questions of fundamental constitutional importance, especially where the legislative powers of the states are subject to scrutiny. are in range. Court.
The Center submitted that any decision on the present issues, without making the States a party, without specifically obtaining their views on the present issue, would be incomplete and shortchange the present perverse practice.
The Center submitted that in the light of the above, all the States were requested to implead in the present litigation before this Court and place their respective stand on the said issue during the course of hearing on 18th April. The Center said that despite the said constitutional, jurisprudentially and logically sound request being made, the apex court is not pleased to rule on the same.