The Role Of Judicial Review And The Basic Structure Doctrine In Addressing Marriage Equality And The Separation Of Powers In India
- IJLLR Journal
- 44 minutes ago
- 1 min read
Dr. Shashank Misra, Dewan Law College, Meerut
ABSTRACT
In the most recent case, “Supriya Chakraborty v. Union of India”, the petitioner argues for rereading several personal and secular laws by seeking court recognition of the right to marriage equality. The respondents say that any Supreme Court decision on this matter will enter the legislative domain, violating the separation of powers concept and maybe endangering the basic structure of the Constitution. This paper supports the respondents’ point of view by arguing that the court has exceeded accepted limits by invading spheres traditionally assigned to the legislative and government. Using the Basic Structure idea in judicial review—a measure that, although ambitious, is neither unworkable nor incompatible with constitutional values—the paper investigates how India’s separation of powers might be addressed. Examining customary law and executive activities, the Supreme Court has essentially used this principle to show that its application might settle the question in Supriya Chakraborty. The paper supports a mixed approach to solve the flaws in existing judicial systems. This approach would combine the ideas of dialogic constitutionalism with the Basic Structure concept in judicial review to emphasise the need for conversation among the court, legislative, and executive, so offering a more cooperative framework for handling constitutional conflicts.
Keywords: Marriage Equality, Judicial Reinterpretation, Personal Laws, Secular Laws, Separation of Powers, Basic Structure Doctrine, Judicial Review, Dialogic Constitutionalism, Supreme Court, Constitutionalism, Legislative Domain, Executive Action, Separation of Powers Conundrum.
