While reading out the verdict in the same-sex marriage hearing, CJI Chandrachud said it’s incorrect to say marriage is a static and unchanging institution. If the Special Marriage Act is struck down, it will take the country to the pre-Independence era, he adds.
Whether a change in the regime of the Special Marriage Act is required is for the Parliament to decide. This Court must be careful to not enter into legislative domain, he said.
"Whether a change in the regime of the Special Marriage Act is for the Parliament to decide." He said adding that if the Special Marriage Act is struck down, it would take the country to pre-Indpendence era but if the Court reads words into the SMA, it would be taking up the role of legislature.
"The Court is not equipped to undertake such an exercise of reading meaning into the statute," he added.
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