GK Question

Answer: True

Supriyo (2023) separation of powers and marriage recognition: (a) Context: Petitions seeking legal recognition of same-sex marriage under Special Marriage Act, 1954, (b) Supreme Court holding (5-judge Constitution Bench, 3:2 on key issues): (i) Declined to legalize same-sex marriage: Recognition involves complex policy considerations (adoption, succession, maintenance, social welfare) best left to Parliament, (ii) BUT affirmed constitutional rights of queer couples: Protection from discrimination, right to cohabit, access to services without discrimination, (iii) Separation of powers: Courts recognize limits of judicial expertise in complex policy design but assert role in protecting constitutional values, (c) Applications: (i) Legislative follow-up: Ongoing debate on civil unions, marriage equality, anti-discrimination law, (ii) Rights protection: Courts continue to protect queer rights through existing constitutional provisions (Articles 14, 15, 19, 21), (iii) Institutional reform: Directions for sensitization of police, judiciary, healthcare providers to queer rights, (d) Rationale: (i) Institutional competence: Courts expert in constitutional interpretation, rights protection; legislatures expert in policy design, social consensus-building, (ii) Democratic accountability: Policy decisions affecting society should be made through democratic process, not judicial decree, (iii) Rights protection: Courts protect constitutional values against legislative/executive excess while respecting democratic domain, (e) Illustrates calibrated judicial philosophy: Judicial restraint in policy domain (marriage recognition), activism in rights protection (non-discrimination, dignity); balance between constitutional values and democratic legitimacy essential to constitutional democracy.