The application by the Central government argued that the legislature’s accountability is to the citizens and it should act in accordance with the popular will, particularly when it comes to personal laws.
“Where the social consensus favours a particular definition of Marriage, the Legislature in giving sanction to that form is only discharging its duty of adhering to the will of the people. This unequivocal democratic will should not be negated by a judicial order,” it said.
The government said that the petitions represent “mere urban elitist views for the purpose of social acceptance” and the legislature will have to consider broader views.
“The competent legislature will have to take into account broader views and voice of all rural, semi-rural and urban population, views of religious denominations keeping in mind personal laws as well as and customs governing the field of marriage together with its inevitable cascading effects on several other statutes,” it added.
Source: Barandbench
