Matter referred to five-judge bench

The three-judge Bench referred the petitions to recognise same-sex marriages to a five-judge Constitution Bench, which started hearing the arguments on April 18. The apex court Bench, calling it “a matter of seminal importance,” said any decision on the subject will have “a huge bearing on society”.

“This judgment will have a huge bearing on society — don’t cut down anyone’s time and this must be considered,” a three-judge Bench said on March 13. “We are of the view that it would be appropriate if the issues raised are resolved by the Bench of five judges of this court with due regard to A 145(3) of the Constitution. Thus, we direct it to be placed before a Constitution Bench,” the judges said.

Article 145(3) states that a Bench of at least five judges should hear cases involving substantial questions and interpretation of the Constitution.