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Synopsis

Justice Kurian Joseph, retired Supreme Court judge recently expressed his view on same-sex marriage at the India Today Conclave South, 2023.

He said, “Marriage is a union between man and woman. Other is an association. But the marriage is for procreation and recreation. The other is an association, a union. I am 100% against same-sex marriage. It can be an association… own choice on living together as a friend, intimate friend etc. but the moment you touch concept of marriage, then it is different. It is a basic unit of the society. This affects the roots of the issue.”

With respect to the recent hearing on same-sex marriage, it was added that the primary duty of the court is to check the legality and adequacy of existing legislation.

“The primary duty of the court is to check the legality of the legislation or laws in place. Unless that is there, it is difficult for the court to enter this domain,” Justice Joseph said.

Retired Justice Jasti Chelameswar spoke about the separation of powers, stating that ‘Lakshman Rekha’ between the executive and judiciary is only rhetorical and is viewed differently when not in power.

“When Supreme Court gave a judgment in SR Bommai case, the ones who were not in power said it is a great constitutional judgment. So all this lakshman rekha business is rhetoric. Only lakshman rekha I know is Constitution itself delineating functions to each organ has been done”, Justice Chelameswar said.

Recounting his dissent in the NJAC judgment, Justice Chelameswar added, “I found it difficult to believe that elected government would have no say in the appointment of judges in a democratic country.”