CJI Addresses the Role of the Judiciary in Landmark Cases

CJI Addresses the Role of the Judiciary in Landmark Cases

VoM News Desk | October 24, 2023 | 09:35 AM IST | Breaking News, Courts & Law | Follow on Google News

CJI Addresses the Role of the Judiciary in Landmark Cases

CJI Addresses the Role of the Judiciary in Landmark Cases

Chief Justice of India DY Chandrachud recently addressed the role of the judiciary in significant judgments, specifically highlighting his recent ruling on marriage equality during the 3rd Comparative Constitutional Law discussion hosted by Georgetown University in Washington, DC. He emphasized that Chief Justices have been in the minority in 13 notable judgments, affirming the importance of voting based on conscience and the Constitution.

In the context of the October 17 Supreme Court judgment on marriage equality, Chief Justice Chandrachud stood by the decision that stopped short of legalizing same-sex marriages in India. In that judgment, all judges on the five-member Constitution bench agreed that amending laws to achieve marriage equality would impinge on the legislature’s domain. However, there were differing opinions regarding the right to civil unions and adoption rights.

Chief Justice Chandrachud and Justice SK Kaul were in favor of recognizing same-sex unions. On the other hand, the majority of the bench held a different view, with Justice S Ravindra Bhat disagreeing with the court directing the State to create a new legal framework to formalize such relationships. The Chief Justice reiterated the judgment’s conclusion that the decision on marriage equality should be left to Parliament, emphasizing that choosing a life partner is a fundamental aspect of an individual’s course of life and the right to life and liberty.

He asserted that this right is rooted in Article 21 of the Constitution and includes the right to choose one’s partner and have that union recognized. He emphasized that restricting the right to enter into a union based on sexual orientation would result in discrimination against queer couples and emphasized that there is no evidence to support the idea that only married heterosexual couples can provide stability to a child, supporting adoption rights for queer couples.

This discussion at Georgetown University highlighted the Chief Justice’s commitment to the Constitution and the role of the judiciary in shaping important legal decisions in India.

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