Comprehension
Same-sex marriage has no legal recognition in India as per the recent Supreme Court's judgment, where it was decided that this is an issue for Parliament to address. While Hindu marriages between transgender persons and cisgender men are permissible, and the Court acknowledged systemic discrimination and the right to choose a partner, it held that there is no fundamental right to marry. The government has been urged to form a panel to consider granting more legal rights to same-sex couples, but the legal status of marriage remains unchanged for now. The five-judge bench of the Supreme Court of India in Supriya Chakraborty & Anr. v. Union of India (2023), in a majority verdict, ruled that there is no fundamental right to marry under the Indian Constitution, making it beyond the court's scope to legislate on same-sex marriage.
The Court stated that the power to legislate on same-sex marriage rests with the Parliament and state legislatures. The judgment affirmed constitutional rights for LGBTQ+ citizens and the right to choose a partner. The government agreed to set up a panel to explore legal rights and benefits for same-sex couples, though these benefits are not the same as those conferred by marriage. Same-sex couples cannot legally marry and do not receive the same legal rights, such as automatic inheritance, pension, or adoption rights, that legally married couples do. Despite the ruling, LGBTQ+ couples continue to face legal discrimination and have no social recognition of marriage. The Court affirmed the right of same-sex couples to cohabit privately. While the Supreme Court's verdict brought limited benefits and acknowledgments, it has not legalized same-sex marriage in India, deferring the ultimate decision to the Parliament. (279 words)
[Extracted, with edits and revisions, from "The Hindu", dated 27th October 2023]
Question: 1

In October 2023, two individuals in India, Ramesh and Sameer, who identify as a same-sex couple, sought to legally solemnize their marriage. Based on the Supreme Court's ruling, what is the current legal standing of their ability to marry?

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The Court protects the right to choose a partner, but marriage as a legal institution must be created by the legislature—not the judiciary.
Updated On: Jul 10, 2026
  • Their marriage is legally recognized nationwide under a new constitutional right
  • Their marriage is not legally recognized, as the Supreme Court ruled that this issue is for Parliament to address
  • Their marriage is recognized only if both of them identify as transgender
  • Their marriage is temporarily recognized until Parliament decides otherwise
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The Correct Option is B

Approach Solution - 1

In the 2023 judgment {Supriyo v. Union of India}, the Supreme Court held that: \begin{itemize} \item There is no fundamental right to marry under the Constitution. \item Recognition of same-sex marriage is a matter for Parliament and State Legislatures, not the judiciary. \item The Court cannot create a legal framework for marriage or civil unions. \end{itemize} Therefore, Ramesh and Sameer cannot legally marry in India at present.
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Approach Solution -2

Eliminating the wrong options:
Option A is wrong since the Court never created a new constitutional right to marry for same-sex couples. Option C is wrong because the ruling was not limited to cases where a partner is transgender - that involves separate reasoning under existing Hindu marriage law. Option D is wrong because the recognition is not merely “temporary” pending Parliament; it simply does not exist unless and until Parliament legislates. That leaves option B: the Court held that recognising same-sex marriage is for Parliament to decide, so Ramesh and Sameer cannot currently solemnize a legally recognised marriage.
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Approach Solution -3

This question checks whether you understand what the Supreme Court actually decided in 2023 about same-sex marriage, and what it left undecided. Ramesh and Sameer's situation tests whether a same-sex couple can point to any existing legal route to a recognised marriage today. Let's weigh each option against the actual judgment.

  1. Their marriage is legally recognized nationwide under a new constitutional right: This option assumes the Court created a fresh right where none existed before. The Court did the opposite: it examined whether marriage could be read as a fundamental right under Article 21 and concluded that it could not. No new right to marry, for anyone regardless of orientation, came out of this case. So there is no new constitutional right for Ramesh and Sameer to rely on.
  2. Their marriage is not legally recognized, as the Supreme Court ruled that this issue is for Parliament to address: This matches the actual reasoning. The Court held that marriage is a creature of statute, created and defined by laws like the Special Marriage Act and personal laws, not something the judiciary can conjure into existence for a class of people the statutes do not cover. Because Parliament has not amended those statutes to include same-sex couples, no marriage between Ramesh and Sameer can be registered or recognized under current law.
  3. Their marriage is recognized only if both of them identify as transgender: This option confuses two separate legal threads. Transgender persons marrying under existing personal law can, in some interpretations, already fall within existing categories, but that has nothing to do with the general same-sex marriage question the Court addressed, and it does not extend to Ramesh and Sameer simply because they are a same-sex couple.
  4. Their marriage is temporarily recognized until Parliament decides otherwise: This gets the direction backward. There is no interim or provisional recognition operating right now that Parliament could later withdraw. The starting position is no recognition at all, and it stays that way unless and until Parliament actively legislates to create one.

Working through each option shows that only one accurately reflects the Court's actual position: it did not recognize the marriage, did not create a right to it, and explicitly routed the decision to the legislature. So the correct answer is option B, Ramesh and Sameer's marriage is not legally recognized, because the Supreme Court held this is a matter for Parliament.

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Question: 2

During a legal proceeding in India, an advocate argues that the Supreme Court should directly legislate on same-sex marriage because the right to choose a partner inherently implies a fundamental right to marry for all citizens. How would the Supreme Court's judgment likely counter this argument?

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Distinguish between a personal liberty (choosing a partner) and a legal status (marriage). Only the legislature can create or modify the latter.
Updated On: Jul 10, 2026
  • The Court acknowledged the right to choose a partner, therefore it would agree to legislate on marriage
  • The Court held that there is no fundamental right to marry under the Indian Constitution, and such a policy can be made only by the Parliament
  • The Court has held that it will set up a panel to look into the fundamental right to marry
  • The Court upheld the fundamental right to marry, but declined to recognise same sex marriage
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The Correct Option is B

Approach Solution - 1

In the 2023 judgment {Supriyo v. Union of India}, the Supreme Court clarified: \begin{itemize} \item The right to choose a partner is protected under Article 21, but it does not create a fundamental right to marry. \item Marriage is a legal institution created by statute, not by the Constitution. \item Therefore, any recognition of same-sex marriage must come from Parliament or the State Legislatures, not the judiciary. \end{itemize} Thus, the Court would reject the advocate's argument and hold that it cannot legislate marriage rights.
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Approach Solution -2

Testing each option against the judgment:
Option A misreads the ruling - acknowledging the right to choose a partner is not the same as agreeing to legislate marriage, so the Court would not accept the advocate's leap. Option C invents a role for the Court in setting up a panel, which was never part of the judgment; any such panel is an executive matter, not a judicial one. Option D is inconsistent with the Court's own words, since it never upheld a fundamental right to marry. Only option B matches what the Court actually said: the right to choose a partner does not translate into a right to marry, and only Parliament can create that right.
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Approach Solution -3

The advocate's argument follows a chain of reasoning: the right to choose a partner is protected, therefore a right to marry that partner must also exist, therefore the Court itself can grant it. Testing whether the Supreme Court would accept this chain tells us which option matches the judgment's actual counter.

  1. The Court acknowledged the right to choose a partner, therefore it would agree to legislate on marriage: This treats the advocate's flawed logic as if the Court adopted it. The Court accepted the first part, that choosing a partner is protected, but rejected the leap to the second part. Acknowledging one right does not commit a court to manufacturing a related, larger right on its own.
  2. The Court held that there is no fundamental right to marry under the Indian Constitution, and such a policy can be made only by the Parliament: This is exactly where the chain of reasoning breaks. The Court draws a line between the right to choose whom to be with, which is personal and protected, and the right to have that choice formalized into a state-recognized marriage, which depends on legislation. Since marriage as a legal status is defined by statute, only the body that writes statutes, Parliament, can extend it. This directly answers and rejects the advocate's claim that the Court can legislate.
  3. The Court has held that it will set up a panel to look into the fundamental right to marry: Setting up a panel was a step the government undertook separately and for a narrower purpose, exploring some legal benefits for same-sex couples, not a judicial commitment to examine a fundamental right to marry. This option misattributes an executive step to the Court's reasoning on the point actually raised by the advocate.
  4. The Court upheld the fundamental right to marry, but declined to recognise same sex marriage: This cannot be right because the Court never upheld a general fundamental right to marry for anyone. It denied that such a right exists at all under the Constitution. So there is nothing here that it declined to extend, there was no underlying right in the first place.

The advocate's reasoning fails at the second step, since choosing a partner does not automatically create a right to marry, and the Court said only Parliament can create that right through legislation. That makes option B the correct counter to the advocate's argument.

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Question: 3

Following the Supreme Court's decision, an LGBTQ+ advocacy group in India aims to achieve legal recognition for same-sex marriage. To which governmental body or bodies should this group primarily direct its lobbying efforts to secure the necessary legislation?

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When a right requires a statutory framework (like marriage), the only path to legal recognition is through Parliament or State Legislatures—not the Supreme Court.
Updated On: Jul 10, 2026
  • The Supreme Court of India, as they are ultimately responsible for interpreting constitutional rights
  • The President of India as head of the Union legislature
  • The Parliament and state legislatures, as the power to legislate on same-sex marriage rests with them
  • The National Commission for Human Rights, to advocate for a new directive
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The Correct Option is C

Approach Solution - 1

In {Supriyo v. Union of India} (2023), the Supreme Court held that: \begin{itemize} \item The judiciary cannot create a legal framework for same-sex marriage. \item Marriage is a statutory creation, not a fundamental right. \item Therefore, only the Parliament and State Legislatures have the authority to enact a law recognizing same-sex marriage. \end{itemize} Thus, advocacy efforts must be directed toward the **legislatures**, not the courts or commissions.
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Approach Solution -2

Eliminating the wrong options:
Option A is incorrect since the Supreme Court has already said it lacks the power to create marriage rights for same-sex couples, so lobbying it further would not change the law. Option B is incorrect because the President does not independently enact legislation. Option D is incorrect because the National Commission for Human Rights can only recommend, it cannot legislate. That leaves option C: since the judgment placed the power to legislate squarely with Parliament and the state legislatures, that is where advocacy efforts should be directed.
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Approach Solution -3

This question is really about identifying which authority under the Indian Constitution actually holds the power to create marriage law, since that is where any advocacy campaign needs to be pointed. Let's check each proposed target for whether it holds that power.

  1. The Supreme Court of India, as they are ultimately responsible for interpreting constitutional rights: Interpreting rights and creating new statutory categories are different functions. The Court already interpreted the relevant rights in this case and explicitly said it lacks the power to write same-sex marriage into law itself. Directing lobbying at a body that has already declined this role, and said so on the record, would not move the issue forward.
  2. The President of India as head of the Union legislature: The President is part of the legislative process, assenting to bills passed by Parliament, but does not independently draft, propose, or pass legislation. Lobbying the President alone bypasses the actual lawmaking bodies where a bill would need to originate and be debated.
  3. The Parliament and state legislatures, as the power to legislate on same-sex marriage rests with them: Marriage law in India, including matters like the Special Marriage Act and various personal laws, is enacted by Parliament and, on certain aspects, by state legislatures. The Supreme Court's judgment specifically pointed to these bodies as the ones with the authority to extend marriage rights to same-sex couples. This matches the actual location of lawmaking power on this subject.
  4. The National Commission for Human Rights, to advocate for a new directive: A human rights commission can study issues and issue recommendations, but it has no power to enact binding law or issue a legally enforceable directive that changes marriage statutes. Its role is advisory, not legislative.

Since actual lawmaking power over marriage sits with Parliament and the state legislatures, and the Court's ruling confirmed this, any group seeking legal change should direct its efforts there. The correct option is C.

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Question: 4

While same-sex marriage is not legally recognized in India, the Supreme Court's verdict did offer some acknowledgments of rights for same-sex couples. Which of the following rights was specifically affirmed by the Court?

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Remember: the Court protected personal liberty (cohabitation) but did not extend marriage-linked legal rights such as adoption or inheritance.
Updated On: Jul 10, 2026
  • The automatic right to inheritance for same-sex partners
  • The right of same-sex couples to adopt children jointly
  • The right of same-sex couples to cohabit privately
  • The right to maintenance for same-sex partners
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The Correct Option is C

Approach Solution - 1

In the 2023 judgment {Supriyo v. Union of India}, the Supreme Court: \begin{itemize} \item Reaffirmed that same-sex couples have the right to cohabit, protected under the rights to privacy, dignity, and personal liberty (Articles 19 and 21). \item Declined to recognize same-sex marriage. \item Did not grant automatic inheritance, adoption, or maintenance rights. \end{itemize} Hence, the only right explicitly affirmed is the **right to cohabit**.
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Approach Solution -2

Eliminating the wrong options:
Option A is wrong because the Court did not grant automatic inheritance rights to same-sex partners. Option B is wrong because joint adoption rights were not affirmed either. Option D is wrong because no maintenance right was recognised. The only right the Court explicitly affirmed, grounded in Articles 19 and 21, was the right of same-sex couples to cohabit privately - making option C correct.
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Approach Solution -3

This question asks which single right the Supreme Court's 2023 judgment on same-sex marriage actually granted, as opposed to the rights the couple still cannot claim. The four options describe different possible benefits, and only one of them was part of what the Court affirmed.

  1. The automatic right to inheritance for same-sex partners: Inheritance under Indian law is tied to a recognised marital or family relationship created by statute. Since the Court refused to treat same-sex couples as married, it had no basis to hand them an automatic inheritance right, and nothing in the judgment says otherwise.
  2. The right of same-sex couples to adopt children jointly: Joint adoption by an unmarried couple raises separate questions under adoption law, which the Court did not rewrite in this case. The judgment left joint adoption for same-sex couples unresolved rather than affirming it.
  3. The right of same-sex couples to cohabit privately: Living together as partners, choosing whom to share a home and a life with, is protected as part of personal liberty and dignity under the Constitution. The Court held that this protection extends to same-sex couples regardless of the marriage question, so this right was affirmed.
  4. The right to maintenance for same-sex partners: Maintenance obligations in Indian law generally arise from a marital relationship or specific statutes that name spouses. With marriage itself unrecognised, there is no statutory hook for a maintenance claim, and the Court did not create one.

Only cohabitation survives this test because it rests on personal liberty rather than on marital status, while inheritance, adoption, and maintenance all depend on a marriage that the Court declined to recognise.

So the correct answer is the right of same-sex couples to cohabit privately.

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Question: 5

Ramesh and Suresh, a same-sex couple in India, have lived together for a decade and want to ensure they receive legal benefits equivalent to those of married couples, such as automatic inheritance and pension rights. Based on the Supreme Court's judgment, what is the primary obstacle they face in achieving these benefits?

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Most rights same-sex couples seek—inheritance, pension, maintenance—are not constitutional rights; they arise only through marriage statutes. Without legal marriage, these rights cannot follow.
Updated On: Jul 10, 2026
  • They must first register their union with the government panel that was urged to be formed
  • They cannot legally marry and therefore cannot automatically be entitled to these specific legal rights
  • These rights are only available to same-sex couples where one partner is transgender
  • They can receive these benefits if they convert to a religion that recognizes same-sex unions
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The Correct Option is B

Approach Solution - 1

In the 2023 judgment {Supriyo v. Union of India}, the Supreme Court held that: \begin{itemize} \item Same-sex couples cannot legally marry under current Indian law. \item Marriage-linked rights—such as automatic inheritance, family pension, maintenance, and next-of-kin status—flow only from statutory marriage. \item Since marriage is not legally recognized for same-sex couples, these benefits cannot automatically apply. \end{itemize} Therefore, the primary obstacle is the **absence of legal marriage**, which prevents access to all automatic marital benefits.
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Approach Solution -2

Eliminating the wrong options:
Option A is wrong because no such registration mechanism with a government panel currently exists or was mandated by the judgment. Option C is wrong because the benefits discussed are not restricted to couples where one partner is transgender. Option D is wrong because religious conversion has no bearing on the legal recognition of marriage under Indian civil law. What remains is option B: since Ramesh and Suresh cannot legally marry, they cannot automatically claim marriage-linked benefits like inheritance or pension.
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Approach Solution -3

The question is really testing what stands between Ramesh and Suresh and the marital benefits they want, after a decade together. Each option proposes a different obstacle or workaround, and only one matches what the Court actually said.

  1. They must first register their union with the government panel that was urged to be formed: The Court asked the government to consider setting up a panel to look at rights for same-sex couples, but it never made registration with any such panel a legal requirement for accessing benefits, and no such registration process exists as a binding legal route.
  2. They cannot legally marry and therefore cannot automatically be entitled to these specific legal rights: Inheritance and pension rights are granted by law to spouses because a valid marriage exists. Since the judgment held that same-sex couples have no route to a legally recognised marriage, that first link in the chain is missing, and everything downstream, including these benefits, cannot follow automatically.
  3. These rights are only available to same-sex couples where one partner is transgender: The Court's reasoning about marriage between a transgender person and a cisgender person rests on a separate legal basis under existing personal law, and has nothing to do with Ramesh and Suresh's situation as two cisgender men, so this is not the barrier they face.
  4. They can receive these benefits if they convert to a religion that recognizes same-sex unions: Civil rights like inheritance and pension in India are not granted or withheld based on religious recognition of a union; they depend on the couple's marriage being valid under the civil law framework the Court examined, so conversion changes nothing here.

The real obstacle is structural: without a legally valid marriage, none of these entitlements can attach, no matter how long the couple has lived together.

So the correct answer is that they cannot legally marry and therefore cannot automatically be entitled to these specific legal rights.

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Question: 6

The new acronym that evolved after LGBTQ+ is LGBTQIA+. In this new acronym, 'IA' refers to:

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In formal identity-based expansions, “A” in LGBTQIA+ refers primarily to **Asexual**, not Ally.
Updated On: Jul 10, 2026
  • Intersex and Asexual
  • Initialisms and Agender
  • Intersex and Ally
  • Intrasex and Androgynous
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The Correct Option is A

Approach Solution - 1

The expanded acronym LGBTQIA+ stands for: \begin{itemize} \item L — Lesbian \item G — Gay \item B — Bisexual \item T — Transgender \item Q — Queer/Questioning \item I — Intersex \item A — Asexual (also sometimes interpreted as Ally, but the formal expansion is Asexual) \end{itemize} Thus, the letters ‘I’ and ‘A’ refer to **Intersex** and **Asexual**.
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Approach Solution -2

Eliminating the wrong options:
“Initialisms” (option B) is not an identity term at all, so it cannot belong in an identity acronym. “Ally” (option C) is sometimes used informally but is not part of the standard expansion of the “IA” in LGBTQIA+. “Intrasex” and “Androgynous” (option D) are not recognised terms in this acronym. The standard, widely used expansion adds Intersex (I) and Asexual (A) to the original LGBTQ term, confirming option A.
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Approach Solution -3

This question checks whether the reader knows the two identities that IA adds onto the older LGBTQ acronym. Breaking each option down by what the words themselves mean helps separate the real terms from the invented or mismatched ones.

  1. Initialisms and Agender: Initialisms is a description of how an acronym is built from initials; it is a linguistic term, not a gender or sexual identity, so it cannot be one of the letters in an identity acronym. Agender is a real identity term but is not the standard expansion paired with I here.
  2. Intersex and Ally: Intersex is correct and refers to people born with sex characteristics that do not fit typical male or female categories. Ally describes a supporter of the community rather than a member with a specific identity, so pairing it with Intersex gets one half right and one half wrong.
  3. Intrasex and Androgynous: Intrasex is not an established identity term in this context, and Androgynous describes an appearance or gender expression rather than a distinct identity category recognised in this acronym.
  4. Intersex and Asexual: Intersex fits as explained above, and Asexual refers to people who experience little or no sexual attraction, which is exactly the identity the A was added to represent when LGBTQ became LGBTQIA+.

Checking each word against its actual meaning leaves only one pair where both halves are genuine, correctly used identity terms.

So the correct answer is Intersex and Asexual.

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