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The Central Government has filed an affidavit in the Supreme Court in the petitions seeking recognition of Same Sex Marriage, highlighting the rights of states to legislate on the subject of marriage and to induct them as necessary parties.

It has been argued by the Centre that Entry 5 of the concurrent list of the Constitution of India confers a constitutional function of legislating with respect to institution of marriage, conditions for a valid marriage, regulations of such institutions like making provisions for divorce, alimony etc. and that the right to legislate on the subject will be effected by the decision of the top court.

"That it is 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," it is argued.

Centre has stated that the court must join all States and Union Territories as a party to the present case, invite the views of the various States on the present issue, which clearly falls within their legislative domain and only thereafter, proceed to decide the question.

Arguments on the issue of Same Sex Marriage recognition are still pending in the Supreme Court.

Yesterday, the top court constitution bench said that instead of deciding on the preliminary issue of maintainability as sought to be decided by the centre, it would like to hear the broad issues canvassed by petitioners first.

In November last year, the Supreme Court issued a notice in the plea moved by a gay couple seeking legal recognition of same-sex marriage under the Special Marriage Act, of 1954.

Senior Advocate Mukul Rohatgi appearing on behalf of the petitioner-couple had then submitted before a bench comprising CJI Chandrachud and Justice Hima Kohli that the issue was a sequel to Navtej Singh Johar's judgment.

The absence of a legal framework that allows members of the LGBTQ+ community to marry any person of their choice had been raised by the instant plea.

In the plea seeking recognition of same sex marriage, it was submitted that Special Marriage Act is ultra vires the Constitution of India to the extent that it discriminates between same-sex couples as opposed to opposite-sex couples denying same-sex couples both legal rights as well the social recognition and status that flow from marriage.

Case Title: Supriyo@ Supriya Chakraborthy v. Union of India & Anr. (a batch of petitions)