The Supreme Court, on Thursday, January 9, dismissed the batch of review petitions challenging the Constitution Bench judgement in the marriage equality case. A bench of justices BR Gavai, Suryakant, BV Nagarathna, PS Narasimha, and Dipankar Datta observed that there were no errors in the judgement that warranted a review. A five-judge bench headed by the Chief Justice of India (CJI) DY Chandrachud, in October 2023, categorically refused to grant marriage equality to LGBTQIA+ persons, stating that it was up to the Parliament to create a law.
Stating that they went through the original judgements, the bench said, “We do not find any error apparent on the face of the record. We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed.”
The new bench was constituted after Justice Sanjiv Khanna recused from hearing the petitions in July 2024. It had Justice PS Narasimha from the original bench that delivered the judgment.
On October 17, 2023, the five-judge bench headed by the then Chief Justice of India (CJI) DY Chandrachud, and comprising Justices Hima Kohli, Sanjay Kishan Kaul, S Ravindra Bhat, and PS Narasimha, refused to grant marriage equality to LGBTQIA+ persons. The judgement was split 3:2. While the CJI and Justice Kaul recognised that queer couples can form civil unions and have the right to adopt, the other three judges dissented.
Read: The concurring views held by CJI Chandrachud and Justice Kaul on marriage equality
Read: Civil Unions and Adoption: Points of Disagreement in Marriage Equality Case
In November 2023, review petitions were filed before the top court by some of the petitioners. They argued that the majority judgement suffers from several errors on the face of the record and “undermines the fundamental rights” guaranteed by the Indian Constitution. A review petition can be filed by any person who is aggrieved by a judgement, within 30 days of the judgement. The petition is filed in accordance with the Civil Procedure Code and the Supreme Court Rules.
The review of a judgement is done by the top court only if it fulfills these conditions: mistake or error apparent on the face of record; discovery of new evidence; or any reason equivalent to these two. The review petitions are usually considered without oral arguments. They are circulated among the judges in chambers and are decided only by the same combination of judges who delivered the original judgement. However, in this case, Justices Sanjay Kishan Kaul, S Ravindra Bhat and the then CJI Chandrachud, who were part of the original bench retired from service.
Also Read: Review petition filed in SC against marriage equality judgement
Also Read: Marriage equality: Second review petition says SC mischaracterised relief sought