The remarks made by Chief Justice of India D Y Chandrachud. They was sitting over a three-judge bench while the court was deliberating a PIL filed by Attorney Ashwini Upadhyay. And they calling for an equal marriage age for men and women.
The Supreme Court stated on Monday. That “entrusted with a responsibility which we shall execute undaunted by what people feel about us.” That it is not trying to appease any segment of the society. The Supreme Court emphasised that. The Parliament “is equally the custodian of the Constitution” and that it is not the exclusive custodian of the Constitution.
D Y Chandrachud said :
The remarks made by Chief Justice of India D Y Chandrachud, who was sitting over a three-judge bench. While the court was deliberating a PIL filed by Attorney Ashwini Upadhyay calling for an equal marriage age for men and women.
The bench also comprising Justices P S Narasimha and J B Pardiwala was of the view. That it is a matter for the Parliament to decide. As the counsel kept pressing, the CJI took exception to his remarks. They said “we don’t want your gratuitous comments about what you feel about us. We are here to do our duty under the Constitution, not to please you. Nor we are here to please any section of the polity. We entrusted with a duty which we will do undeterred by what people feel about us. Please understand us. As a member of the Bar, you have to argue your cases. This is not a political forum”.
The PIL sought the court to lower the minimum marriageable age for women. Which is now fix at 18, to 21 years. So that it is equal to that for males.
Refusing to entertain the PIL, the court. said “mere striking down of the provision by which the age of marriage has fixed at 18 years will not serve. The purpose since the striking down will only result in there being no minimum age of marriage for women. What the petitioner seeks is a legislative amendment to increase the minimum age for marriage of women to 21 years. It is trite law that this court in exercise of its jurisdiction under Article 32 cannot issue a mandamus to Parliament. Or legislate a matter which entrusted to Parliament or in the case may be the state legislatures. We therefore decline to entertain the petition. Leaving it open to the petitioner to pursue such remedies as are available in the law”.