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

Justice Bhat: Is common law seeped into our bones to an extent that everything we say needs to be executed through contempt or other proceedings? Is it not sufficient that the court says that this is the state of affairs?

Dwivedi: The court cannot give a declaration which is vague- it cannot be that some rights should be given. It has to be concrete and definite.

CJI DY Chandrachud: Even if we accept your submission, there is, even in this area, some element of constitutional jurisprudence for the court to evolve.

CJI DY Chandrachud: Third is how do you define, how do you give meaning to content of constitutional values.

CJI DY Chandrachud: Legislative acceptance undoubtedly has to emanate from parliament. The administrative or civil consequences of relationships, SG said that the government will make a committee.

CJI DY Chandrachud: There are three layers one, sort of a constitutional recognition of marriage; two, the administrative or civic incidents of that relationship; and three, legislative recognition.

Dwivedi: It's ultimately up to parliament to decide what sort of recognition is to be given, to what extent parity is to be given.

CJI DY Chandrachud: Equally, if we were to concede that, there may be an alternative formulation. Apart from heterosexuality, there may be other elements of that relationship which must find protection within law

CJI DY Chandrachud: Assuming you're right that it is open to the State in the exercise of its legitimate interest either to recognise a broader notion of marriage or confine it to heterosexuality.

Dwivedi: It's up to parliament if they want to make.