by Siddharth R. Gupta* and Prakruthi N.**
by Siddharth R. Gupta*
Cite as: 2024 SCC OnLine Blog Exp 10
2023 was the year of landmark decisions, it kickstarted with Demonetisation verdict; Appointment of Election Commissioners; same sex marriage verdict and went onto settling the tussle between Delhi LG and CM. The mega Maharashtra political crisis was also decided and finally the decision on Abrogation of Article 370 was pronounced.
This year was very busy for the Supreme Court’s Constitution Bench as it dealt with the maximum number of cases and decided major matters like Article 370; Same sex marriage; Maharashtra political crisis; and more
Great expectations followed Justice Dr DY Chandrachud when he was elevated to the post of Chief Justice of India. As 1 year has gone by in Justice Dr Chandrachud’s 2-year tenure, one thing is clear that interesting times are afoot indeed!
The month of October was focused on the long term battle on the same- sex marriage. Take a round of all the major judicial pronouncements by the Supreme Court during this month along with some never reported judgments and write ups on the Supreme Court Judges through the know-thy Judge segment.
In a verbose verdict running into 366 pages, the 5-judge Constitution Bench of Dr DY Chandrachud, CJI and Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, PS Narasimha, JJ wrote 4 opinions on the Same Sex Marriage matter where they agreed on some points and disagreed on others.
Tracing the development of LGBTQ+ rights in India with the help of statutory provisions and notable judgments by Supreme Court and Indian High Courts.
The Government was directed to consider the Report made by an expert panel in 2015 which had recommended recognition of same-sex relationships.
Don’t miss out on the 5-Judge Bench verdict pertaining to non-admissibility of an unstamped arbitration agreement and Constitution Bench hearing pertaining to the petitions seeking legal recognition of same sex marriage under several Acts, including the SMA, 1954, the FMA, 1969 and HMA, 1955.
BCI had earlier opposed the ongoing same sex hearing before Supreme Court saying that the matter should be left for Parliament to decide.
Petitioner contended that they were entitled to the Fundamental Right to marry which was entrenched in the Constitution which includes the choice of a marital partner. Neither the State nor Society could intrude into the domain of individual right to pursue a way of life which were central to their identity and autonomy.
As reported by media, Taiwan Parliament has taken a historic step by legalising same-sex marriage. “In 2017, the island’s constitutional court ruled