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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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same-sex marriages

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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Mamata Banerjee warns BJP, EC over Bengal polls, says they will be accountable

Mamata Banerjee holds BJP and Election Commission responsible for any incidents during Bengal polls, raising concerns over officer transfers.

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West Bengal Chief Minister Mamata Banerjee has held the Bharatiya Janata Party (BJP) and the Election Commission of India responsible for any untoward incidents in the state during the upcoming assembly elections, following the transfer of key officials.

Addressing concerns over administrative reshuffles, Banerjee said that changes involving senior bureaucrats, including the chief secretary and home secretary, could affect governance and law and order in the state during a crucial period.

The Trinamool Congress chief also announced candidates for 291 constituencies for the elections scheduled to be held in two phases on April 23 and 29.

Criticising the Election Commission, Banerjee alleged that the transfers were being carried out in a manner that benefits the BJP. She questioned the timing of the decisions and said such actions weaken the state administration at a sensitive time.

She further raised concerns about disaster management and essential services, stating that experienced officials familiar with the state’s situation have been replaced. According to her, this could impact administrative efficiency if any emergency arises before the new government is formed.

Protecting Bengal’s identity

Banerjee emphasised that the election is not merely about forming a government but about safeguarding Bengal’s identity and existence. She accused the BJP of misusing central agencies and attempting to influence the electoral process.

She urged that elections should be conducted peacefully, without external interference, and in line with democratic principles. The chief minister also expressed confidence that her party would return to power with a stronger mandate.

Appealing to voters, she called for support for the Trinamool Congress, asserting that the people of Bengal will ultimately decide the outcome and protect their democratic rights.

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Centre assures action on LPG supply disruption, court closes distributors’ plea

The Bombay High Court closed a plea by LPG distributors after the Centre assured diplomatic efforts to stabilise supply amid global disruptions.

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LPG cylinder

The Union government on Tuesday informed the Bombay High Court that it is taking diplomatic steps to address disruptions in Liquefied Petroleum Gas (LPG) supply linked to the ongoing Iran-Israel conflict, following which the court disposed of a petition filed by LPG distributors.

Appearing before the Nagpur bench, Solicitor General Tushar Mehta said the Centre was actively engaged in international-level negotiations to stabilise LPG supply. However, he noted that specific measures could not be disclosed due to their sensitive nature.

The matter was heard by a division bench comprising Justices Anil S Kilor and Raj D Wakode. The bench accepted the government’s assurances and closed the plea.

Distributors flagged supply disruption in Vidarbha

The petition was filed by six LPG distributors, including Omkar Sales, who raised concerns over disruptions in supply chains across Maharashtra’s Vidarbha region. They claimed the situation had led to a significant shortage of LPG for domestic consumers.

The distributors, dependent on Confidence Petroleum India Ltd (CPIL), alleged that despite directives prioritising domestic consumption, LPG was being diverted for export to capitalise on high international prices.

Government cites policy compliance, CPIL denies diversion

The petitioners referred to recent orders issued under the Essential Commodities Act and the Natural Gas (Supply Regulation) Order, 2026, which mandate prioritising household LPG supply during crises.

However, CPIL rejected the allegations, stating it was fulfilling pre-existing export commitments and had not violated any policy norms.

Court had earlier termed issue ‘serious’

During earlier hearings, the court had described the matter as “serious” and of “grave importance”, issuing notices to the Centre and the Ministry of Petroleum and Natural Gas.

On Tuesday, the Centre reiterated that macro-level supply challenges arising from global geopolitical tensions were being handled through diplomatic channels. It also said that any localised supply issues could be resolved by state authorities.

Taking note of these submissions, the bench disposed of the petition.

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Om Birla likely to move motion to revoke suspension of 8 opposition MPs today

The Lok Sabha is likely to revoke the suspension of eight opposition MPs today, with a motion expected to be moved by the government following consensus on maintaining discipline.

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Om Birla

The suspension of eight opposition Members of Parliament in the Lok Sabha is expected to be revoked on Tuesday, with Speaker Om Birla likely to initiate the process, according to sources.

The MPs, including seven from the Congress and one from the CPI(M), were suspended on February 3 for unruly conduct during the first phase of the Budget session after a resolution was adopted by the House.

Motion to be moved in Lok Sabha

Congress leader K Suresh said that Parliamentary Affairs Minister Kiren Rijiju is expected to move a motion around noon seeking revocation of the suspensions.

Although the suspension was initially imposed for the entire session, scheduled to conclude on April 2, opposition parties have consistently demanded reconsideration since the second phase of the session began on March 9.

Agreement on maintaining decorum

At a recent meeting convened by the Speaker, both ruling and opposition sides reportedly agreed on maintaining discipline in the House.

Key understandings include:

  • No member will enter the well of the House to protest
  • Papers will not be torn or thrown toward the Chair
  • MPs will not climb onto officials’ tables

The Lok Sabha Secretariat has also reminded members to keep areas within the Parliament premises obstruction-free to ensure smooth movement.

Speaker raises concern over conduct

Earlier, Om Birla had expressed concern over the use of banners, placards, and inappropriate language by some MPs. In a letter to party leaders, he stressed the need to uphold the dignity and traditions of parliamentary democracy.

He had also indicated that actions like suspension are taken in cases of serious misconduct, such as climbing onto tables during proceedings.

Suspended MPs

The suspended MPs include Gurjeet Singh Aujla, Hibi Eden, C Kiran Kumar Reddy, Amarinder Singh Raja Warring, Manickam Tagore, Prashant Padole, Dean Kuriakose (Congress), and S Venkatesan (CPI-M).

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