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This decision of the Supreme Court came in the backdrop of it realizing that "the court cannot be the legislature".
A review petition has been filed before the Supreme Court challenging its recent judgment refusing to provide legal recognition to same sex marriages.
In a landmark verdict delivered two weeks back, the Supreme Court of India had held that no fundamental right to marry can be found under the Indian Constitution.
A five judge Constitution bench led by Chief Justice of India has left it on the Union to constitute an High Powered Committee headed by the Cabinet Secretary for this purpose to look into the aspects of queer relationships.
Court had further remarked that in the exercise of the power of judicial review, it must be careful not to tread into the legislative domain.
"The Court in the exercise of the power of judicial review must steer clear of matters, particularly those impinging on policy, which fall in the legislative domain", it has held.
The Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli has been seized with the same-sex marriage petitions since the hearing began on April 18.
Notably, the bench has recognized transgender marriages to be recognized under the laws prevailing in the country. On the aspect of Special Marriage Act and the challenge to its provisions, it has been held that they cannot be held to be unconstitutional and the court cannot read words into its provisions as well.
This Constitution bench of Supreme Court on May 11, 2023 had reserved its verdict in the plea’s seeking legal recognition of same sex marriage, after having heard the parties over ten days.
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