In the second hearing on the same-sex Marraige, the Centre urges the Top Court to make all State govt and UT's party to petitions seeking recognition of Same-sex marriage.
During the hearing, the Centre submitted that, Concurrent list in the Seventh Schedule to the Indian Constitution includes "marriage". Thus, consultation with all the States is necessary for adjudication of the petitions.
Centre says every component of Entry 5 above is intrinsically interrelated and any change in any one will necessarily have an inevitable cascading effect on other.
"Therefore, it is clear that the rights of the States, especially the right to the legislate on the subject, will be affected by any decision on the subject...various States have already legislated on the subject through delegated legislations, therefore making them a necessary and proper party to be heard in the present case," the Affidavit says.
A constitution bench of Supreme Court comprising CJI DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha has started hearing in the batch of petitions.
In the Apex Court, Centre 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 adjudication "incomplete and truncated."
Yesterday, during the first hearing, the Apex Court of India said, said that there is no absolute concept of "biological man and woman". The Supreme court's observation came while hearing a batch of pleas seeking legal validation of same-sex marriages.
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