Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY 8

Dwivedi: The first question is- is there a fundamental right for persons in same sex relations to marry? Either flowing from Article 14, 15 or 21.

Dwivedi: In fields of reforms also your lordships said that it was for the legislature. For dowry, your lordships said legislature.

CJI DY Chandrachud: This is very well settled, you can move on.

CJI DY Chandrachud: Even today until recently in the North East for instance...

Dwivedi: Separation of powers has to be deciphered by referring to all provisions and scheme of the act.

CJI DY Chandrachud: Even after the Constitution, there was no strict separation between the executive and judicial functions especially in district judiciary. The idea was for district magistrates to not exercise powers of civil court.

Dwivedi: Now please see Article 50. It doesn't talk about parliament. Parliament has in the judicial domain power to make laws.

CJI DY Chandrachud Article 50 was enacted in a different context. 

Dwivedi: Now come to my written notes. There were three cases Mr Vishwanathan cited. These cases were on administrative orders, they have nothing to legislative matters of reading down etc.

Sr Adv Rakesh Dwivedi: Just two cases I wanted your lordships to note. I have submitted a compilation. That is about how 'spouse' is understood in Section 5(1).