This week in Indian law: The Supreme Court's Constitution Bench declined to recognise same-sex marriage in a 3:2 split verdict, affirming that queerness is neither urban nor elite but holding that marriage legislation remains Parliament's prerogative. The Court directed bi-monthly adoption drives to expedite child adoption procedures. MCA amended rules for registered office shifting. 6 significant legal developments this week across constitutional rights, family law, and regulatory updates.
Top story
SC Constitution Bench Declines to Recognise Same-Sex Marriage
Category: constitutional-rights | Date: 17 October 2023 | Source: Supreme Court of India
The five-judge Constitution Bench in Supriyo @ Supriya Chakraborty v. Union of India declined by a 3:2 majority to recognise same-sex marriage under the Special Marriage Act 1954. CJI D.Y. Chandrachud and Justice Sanjay Kishan Kaul dissented, favouring recognition of civil unions. The majority (Justices S. Ravindra Bhat, Hima Kohli, and P.S. Narasimha) held that the power to create or modify the institution of marriage vests in Parliament and state legislatures, not the judiciary.
Notably, all five judges agreed that the right to choose a partner and cohabit is protected under Article 21, and that queerness is "neither urban nor elite" — it is a fundamental aspect of human identity that exists across all social strata.
Why it matters: While declining to read same-sex marriage into existing legislation, the judgment advances LGBTQ rights in several respects: it unanimously affirms the right to choose a partner regardless of sexual orientation, acknowledges same-sex relationships as a constitutional reality, and calls on Parliament to consider legislative reform. The CJI's dissent provides a detailed roadmap for future legislative or judicial action on civil unions. Family law and constitutional law practitioners should note the evolving rights framework.
Read more: Veritect analysis
Court judgments
SC Directs Bi-Monthly Drives to Expedite Adoption Process
Court: Supreme Court of India | Date: 20 October 2023
The Supreme Court directed the Central Adoption Resource Authority (CARA) and district courts to conduct bi-monthly adoption drives to address the backlog of children awaiting adoption. The directions were aimed at streamlining the adoption process under the Juvenile Justice (Care and Protection of Children) Act, 2015, which had been plagued by delays at multiple stages including child study reports, court proceedings, and post-adoption follow-ups.
Key point: The adoption drive directions signal judicial impatience with systemic delays that keep children in institutional care for extended periods. District courts handling adoption matters should prepare for accelerated timelines and regular monitoring by CARA.
Regulatory updates
MCA Amends Incorporation Rules for Registered Office Shifting
Regulator: MCA | Date: 20 October 2023
The Ministry of Corporate Affairs amended the Companies (Incorporation) Rules to streamline the procedure for shifting a company's registered office from one state to another or from one Registrar of Companies jurisdiction to another within the same state. The amendments simplify documentation requirements and reduce processing timelines.
Key point: Companies planning jurisdictional shifts of their registered office will benefit from streamlined procedures. The amendments align the shifting process with the broader ease-of-doing-business reforms.
Also this week
- Article 370 verdict awaited — The Constitution Bench verdict on the abrogation of Article 370, reserved in September, remained pending with widespread expectation of delivery in November-December 2023.
- Adani-Hindenburg hearing scheduled — The Supreme Court hearing on the SEBI investigation into Adani Group entities was listed for October 25.
- PMLA practice post-Pankaj Bansal — Courts across India reported an increase in bail applications citing the Pankaj Bansal judgment to challenge ED arrests where written grounds were not furnished.
Looking ahead
- October 23: SC to hear Senthil Balaji bail and Manish Sisodia bail matters
- October 25: Adani-Hindenburg matter in Supreme Court — judgment reservation expected
- October 31: RBI connected lending framework circular expected
- November: Article 370 and other Constitution Bench verdicts expected
This is the Veritect Weekly Legal Roundup for Week 42 of 2023. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.