The Supreme Court had a heated discussion today, after the case concerning legality of same-sex marriages began with the government stating to reexamine whether to participate in the proceedings or not.
The change came soon after the Chief Justice of India (CJI) DY Chandrachud rejected the request by Solicitor General (SG) Tushar Mehta for hearing the Central government first on the maintainability of the pleas.
Appearing for the Central government, the Solicitor General told the Constitution bench which was headed by CJI said that the issue raised by the Central government as regards the maintainability of the petitions should be heard first.
The SG raised this request since the issue falls within the domain of the parliament.
In his petition, the SG asked if the debate which is to happen creating or conferring on a socio-legal institution.. should it be done by court or parliament.
The CJI,said that the bench will hear the petitioners first for sometime to understand the broad issues canvassed.
CJI explained that the prospect of the submission made by Government will depend on the canvas of submissions by the petitioners.
The Court said that they will have to see the arguments on merits, before heari g the Government.The bench said it needs to need a picture in first 15 to 20 minutes.
The bench said to hear petitioners first as it cannot preempt the submissions of petitioners.
SG Mehta said that his submissions are only to see which constitutional forum wil adjudicate this issue. While raising this preliminary issue we will not address on merits of the case.
The CJI said that they want to hear the canvas of the case first.
The SG requested the bench for letting the other party reply to their preliminary submissions.
CJI shot back stating that he is the in charge and will decide… we will hear the petitioners first. he further said that they will not allow anyone to dictate how proceedings will happen in this court.
SG Mehta then said that the government will then consider whether or not it wishes to participate in the case.
The SG said that if so is the case then let us take time to see if the government should participate in this hearing.
Justice Sanjay Kishan Kaul questioned “if it means that government will not participate in the hearing
The SG said that None of us know what a farmer in south India thinks or a business man thinks in North India.
The CJI said that bench will consider any request apart from the adjournment.
Justice Kaul said that it does not look nice that the government says it will see whether they will participate in the hearing or not, it is a very important issue.
The Court then proceeded to hear the petitioners.
Eventually, the SG started his arguments.
The SG said on a lighter note said that he has maee CJI angry…. this has been done by my friends in the past.. but I am not very good at it.
He then reiterated his request to hear the matter first on maintainability.
The CJI said that they will reflect on it and the get back.