NEW DELHI: The Centre on Wednesday filed an application in the Supreme Court saying it has started consultation process with states on the same-sex marriage issue as they are vital stake holders in it.
This comes after the top court declined to implead states as parties to proceedings on pleas for
conferment of right to marry on same-sex couples.
Solicitor General Tushar Mehta, appearing for the Centre, requested a five-judge Constitution bench headed by Chief Justice DY Chandrachud that states be made parties to the proceedings.
The bench, also comprising Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha, commenced hearing for the second day on the batch of pleas seeking legal validation for same-sex marriages.
"It is, therefore, humbly requested that all states and Union Territories be made a party to the present proceedings and their respective stance be taken on record and in the alternative, allow the Union of India, to finish the consultative process with the states, obtains their views/apprehensions, compile the same and place it on record before this court, and only thereafter adjudicate on the present issue," the affidavit said.
The Centre said states' right to legislate on the subject will be affected by any decision of the top court on the subject. As states have already legislated on the subject through delegated legislations, they must be impleaded as necessary parties and heard in the case, it said.
The Centre told the Supreme Court that it issued a letter on April 18 to states inviting comments on seminal issue raised in pleas on same-sex marriages. "States' right to legislate on the subject will be affected by any decision of the SC on the subject. As states have already legislated on the subject through delegated legislations, they must be impleaded as necessary parties and heard in the case," it said.
The apex court had on November 25 last year 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.
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