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The real question is who would take a call on what constitutes marriage and between whom: Solicitor General Tushar Mehta said on the fifth day of hearing
While hearing the matter on April 25, the bench had said Parliament undisputedly has the legislative power over issues raised in pleas seeking legal sanction for same-sex marriage.
The Centre on Wednesday requested the Supreme Court to consider leaving questions raised in the pleas seeking legal sanction for same sex marriages to Parliament.
The bench said even in the context of privacy in Puttaswamy or in the Vishaka case, the framework set out by the court has to be fleshed out by the legislature.
A five-judge bench, headed by Chief Justice of India D.Y. Chandrachud and comprising Justices S.K. Kaul, S. Ravindra Bhat, Hima Kohli, and P.S. Narasimha, said the Parliament has legislative powers over the canvas which is covered by these petitions and the entry 5 of the Concurrent List, which specially covers marriage and divorce, but the question is, which are the interstices left in which this court can interfere.The