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5-judge Constitution Bench to decide fate of same-sex marriages from April 18, proceedings to be live-streamed: Supreme Court

A five-judge Constitution bench will decide upon legalizing same-sex marriages in India on April 18 and proceedings of the hearing will be streamed live as the issue of “seminal importance”, the Supreme Court said on Monday

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A five-judge Constitution bench will decide upon legalizing same-sex marriages in India on April 18 and proceedings of the hearing will be streamed live as the issue of “seminal importance”, the Supreme Court said on Monday.

A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, which today heard the combined pleas seeking the legalization of the gay marriages under the Special Marriage Act in the country said that a constitution bench of five judges would on April 18 further decide the fate of such matrimonies.

Noting that the issue was of “seminal importance” and any decision on the same would have a huge impact on the Indian society and will impact entire social fabric as a whole, the apex court noted Article 145(3) mandates that such a matter of law, which requires interpreting the constitution, must be decided by a five-judge Constitution bench of the Supreme Court.

The Centre has opposed the pleas arguing that gay marriages are incompatible with the “Indian family unit” consisting of a husband, a wife and their children which inevitably presupposes a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of the wedlock reared by the biological man as father and the biological woman as mother.

The BJP-led central government, in its affidavit filed before the top court, said that the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under Indian laws despite consensual gay being decriminalized in the Supreme Court’s landmark 2018 judgement.

The government further argued that legalizing gay marriages would wreck the delicate balance between personal laws and accepted societal values in the country. Law Minister Kiren Rijiju, Monday, noted that the institution of marriage is a matter of policy, even though doesn’t disturb personal freedom and activities of individuals.

Representing the Centre, Solicitor-General Tushar Mehta argued that giving legal status to gay marriages would trigger legal issues as marriage is a contract between a biological male and biological female in every major religion, not just among Hindus, but also in Islam.

The Centre’s council raised the legal status of adoption by a gay couple saying that the Parliament will have to examine will of the people and child’s and decide whether it can be raised in a such environment.

He said that the Parliament will have to factor in societal ethos while taking such a decision.

However, CJI Chandrachud retorted that the adopted child of a gay or lesbian couple does not have to be a gay or lesbian solicitor.

On January 6, the apex court had transferred and clubbed to itself, all such pleas pending in different high courts, including the Delhi High Court.

In its January 6 order, it had asked Advocate Arundhati Katju—representing the petitioners—and the Central government’s counsel, to prepare together a common compilation of the written submissions, documents and precedents on which reliance would be placed during the course of the hearing.

The petitioners’ counsel had requested the Supreme Court bench to transfer all such cases itself for an authoritative pronouncement on the issue and that the Centre can file its response in the top court.

Earlier, on January 3, the Supreme Court had said it would hear on January 6 the pleas seeking a transfer of petitions for recognition of same-sex marriages pending before the high courts to the top court.

The Supreme Court had in December last year sought the Centre’s response to two pleas seeking a transfer of the petitions pending in the Delhi High Court for directions to recognize same-sex marriages to itself.

Earlier on November 25 last year, the top court had sought the Centre’s response to separate pleas moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.

A bench headed by CJI Chandrachud, who was also part of the Constitution bench that decriminalised consensual gay sex in its 2018 landmark judgement, issued a notice to the Centre in November last year, besides seeking Attorney General R Venkataramani’s assistance in dealing with the pleas.

The petitions have sought a direction that the right to marry a person of one’s choice be extended to LGBTQ (lesbian, gay, bisexual, transgender and queer) people as part of their fundamental right. One petition seeks a reinterpretation of the Special Marriage Act, 1954 in a gender-neutral manner where a person is not discriminated against due to his sexual orientation.

On September 2018, a five-judge Constitution bench of the Supreme Court, issued a landmark judgement wherein it decriminalized consensual gay sex among adults. It struck down a part of the British-era penal law under Article 377, on grounds that it violated the constitutional right to equality and dignity.

In its pathbreaking judgement, the apex court ruled that section 377 of the Indian Penal Code (IPC) that criminalised consensual gay sex was “irrational, indefensible and manifestly arbitrary”. The top court had said that the 158-year-old law had become an “odious weapon” to harass the LGBTQ community by subjecting its members to discrimination and unequal treatment.

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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