It was a vote of conscience, Constitution: CJI on same-sex marriages

Speaking on the recent judgment by a five member Constitution Bench on the issue of legalization of same sex marriages, Chief Justice of India (CJI) on Monday said "sometimes it is a vote of the conscience and vote of the Constitution and I stand by what I said".

He added that in the "absence of statutory regime" Judges cannot create an "alternate statutory regime". The CJI was referring to the fact that as per the statute Marriage is not a fundamental right. The CJI was speaking at an event in Washington, DC.

The CJI spoke about the judgment authored by him on the legalization of queer couples and how his opinion was in minority.


It was pointed out, during the event, that in the history of the apex court, the opinion of the CJI has been in minority only in 13 cases. He added that Judges give effect to "constitutional morality".

The CJI said that "we as a court reflect the diversity of our nation". Observing that unlike politicians judges do not get elected for a period of five years and return to the electorate to seek re-election. The CJI added that "judiciary is a stabilising influence in the evolution of the society".

Citing B R Ambedkar and hailing his idea of constitutionalism as being responsible for dismantling deeply entrenched caste hierarchy in India, the CJI said, “however bad a Constitution may be, it may turn out to be good if those responsible for its functioning happen to be a “good lot”. “Ambedkar's legacy continues to shape the constitutional values of modern India, serving as a beacon for social reform and the pursuit of justice for all,” he said.