Same-Sex Marriages: SC Defers Review Plea As Justice Sanjiv Khanna Recuses From Hearing

Justice Sanjeev Khanna recused from the hearing citing personal reasons. Now, CJI DY Chandrachud will have to reconstitute the five-judge constitutional bench

The Supreme Court on Wednesday deferred hearing the review petition filed against the October 2023 judgment denying fundamental right marry to queer couples. Justice Sanjeev Khanna recused from the hearing citing personal reasons. Now, CJI DY Chandrachud will have to reconstitute the five-judge constitutional bench for hearing the petition.

Yesterday, the petitioners who filed a review plea against the Supreme Court verdict denying marriage equality to the queer community  orally mentioned the plea before a three judge bench led by CJI Chandrachud and requested for an open court hearing on the same.

However, the CJI said that it cannot be done. Senior Advocate NK Kaul mentioned the review petition against the 'marriage equality' decision where the Supreme Court refused to recognise same-sex marriages as valid in law.

"How can the review be done in open court, you know this is in chambers," the CJI asked.

The bench said that reviews are decided in the chamber and a constitution bench will deal with merits of the plea challenging the Supreme Court verdict.

"Review petitions, whether to be heard in open court, is also decided by judges in chamber sans lawyers," the CJI said.

The review plea was to be heard by CJI DY Chandrachud-led five-judge bench, including Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna and PS Narasimha.

It may be noted that the two judges from the five judge bench, Justices Ravindra Bhat and SK Kaul, who delivered the same sex marriage judgment retired in 2023.
In October last year, a five-judge constitutional bench of Supreme Court ruled against legalising same-sex marriage in India.

Udit Sood, a patent attorney who was one of the petitioners in the case has filed a review petition challenging the apex court order of October 2023.

In October 2023, the Supreme Court unanimously held that there was no fundamental right to marry and and that the court cannot recognise LGBTQIA+ persons right to marry under the Special Marriage Act.

The five-judge bench upheld the validity of the Special Marriage Act, 1954. The top court refused to recognise the right of same-sex couples to enter into marriages or have civil unions.