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

Think of this question in terms of separation of powers rather than just recalling the case name. Courts interpret the Constitution and existing statutes, they do not sit in place of Parliament to write brand new categories into marriage law. When the Supreme Court looked at whether Article 21 guarantees a right to marry, it decided that marriage, as a legal status with all its attached benefits, only exists because Parliament and state legislatures wrote laws creating it. The judiciary cannot extend that status to a group the statute does not cover without stepping into the legislature's job.

Applying that to Ramesh and Sameer: no statute in India currently allows two men to register a marriage. The Court did not fill that statutory gap itself, it said filling it is Parliament's task. So right now, and until a law changes, there is no legal channel through which Ramesh and Sameer can solemnize a marriage that the state will recognize.

That reasoning rules out any option suggesting nationwide recognition, a transgender-only exception, or a temporary status, and supports the option stating their marriage is not recognized because this is a matter for Parliament, which is option B.

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Approach Solution -2

A useful way to check this kind of question is to ask what conditions Indian law actually requires before two people count as married, then see which option fits those conditions for Ramesh and Sameer.

  1. Their marriage is legally recognized nationwide under a new constitutional right: For this to be true, the Constitution itself would need to guarantee marriage as a fundamental right that courts can enforce directly. The 2023 ruling closed that door rather than opening it, so this condition is not met.
  2. Their marriage is not legally recognized, as the Supreme Court ruled that this issue is for Parliament to address: This fits the actual legal position. Registration of a marriage in India happens under specific statutes, and none of those statutes presently cover a same-sex union. The Court confirmed that changing this requires legislative action, so until that happens, this remains the accurate description of Ramesh and Sameer's status.
  3. Their marriage is recognized only if both of them identify as transgender: Gender identity of the individuals does not create a separate legal pathway for two men to marry each other. This condition is not part of how Indian marriage law is structured, so it does not apply here.
  4. Their marriage is temporarily recognized until Parliament decides otherwise: A temporary or provisional recognition would require some interim order or statute granting it, and no such order exists. The actual legal starting point is non-recognition, full stop, not a countdown from an existing recognition.

Checking each option against what the law actually requires for a valid marriage confirms that Ramesh and Sameer cannot legally marry today, and the correct option is B.

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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
Show Solution

The Correct Option is B

Approach Solution - 1

A helpful distinction for this question is between a right a person holds personally and an institution the state has to build and maintain. Choosing a partner is personal, it lives inside a person's autonomy and dignity, so the Constitution protects it directly. Marriage, on the other hand, is an institution, a bundle of legal consequences like inheritance, taxation status, and next of kin recognition, that only exists because a statute defines it and gives courts and registrars the power to recognize it.

The advocate's mistake is treating the personal right as if it automatically expands into the institutional one. The Supreme Court did not accept that expansion. It said the personal right to choose a partner stays intact, but converting that choice into a state-recognized marriage is something only the legislature can do, because only the legislature can write or rewrite the statute that defines marriage.

Once you separate the personal right from the institutional creation, the advocate's argument for direct judicial legislation collapses, and the option matching the Court's actual counter, that this is Parliament's job and no fundamental right to marry exists, is option B.

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Approach Solution -2

Another way to approach this is to ask, for each option, what specific judicial action it assumes the Court took, and then check that assumption against the actual 2023 ruling.

  1. The Court acknowledged the right to choose a partner, therefore it would agree to legislate on marriage: This assumes the Court treats acknowledging one right as an automatic license to create a second, bigger one through its own order. Courts do not work that way when the second right involves rewriting statutory definitions, and the judgment does not support this assumption.
  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 assumes the Court explicitly denied a fundamental right to marry and pointed to Parliament as the only body that can change that. That is precisely what the ruling states, so the assumption holds up against the text of the judgment.
  3. The Court has held that it will set up a panel to look into the fundamental right to marry: This assumes the judiciary itself is running a panel process. The panel discussion in this matter came from the government's side, addressing narrower welfare benefits, not from a judicial order examining a fundamental right to marry.
  4. The Court upheld the fundamental right to marry, but declined to recognise same sex marriage: This assumes the Court both recognized a general right to marry and then carved out an exception for same-sex couples. The judgment does neither, it denies the general right exists in the first place, so there is no recognition to have carved an exception from.

Only the second option's assumption survives contact with the actual judgment, so the Court's likely counter to the advocate is that no fundamental right to marry exists and any such policy is for Parliament, confirming option B.

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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
Show Solution

The Correct Option is C

Approach Solution - 1

Picture how a new law allowing same-sex marriage would actually come into existence. Someone has to draft a bill, it has to be introduced in a legislative body, debated, voted on, and then given assent. Only Parliament and, for certain subjects, state legislatures go through that process in India. Courts decide disputes under existing law, they do not run this drafting and voting process themselves, and human rights bodies only issue opinions and recommendations with no vote attached to them.

The Supreme Court's own 2023 ruling underlined this by saying it could not create marriage rights for same-sex couples because doing so would mean writing new law, a job reserved for elected legislatures. So an advocacy group serious about changing the outcome needs to get a bill in front of the people who can actually vote one into law.

That points advocacy efforts toward Parliament and the state legislatures, making option C the correct target.

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Approach Solution -2

One more angle on this question is to look at what each body has actually done or said about same-sex marriage so far, since that track record shows where real movement can happen.

  1. The Supreme Court of India, as they are ultimately responsible for interpreting constitutional rights: Its track record here is a refusal, it heard the case and declined to create the right itself. There is no pending judicial process left open on this specific question for further lobbying to influence.
  2. The President of India as head of the Union legislature: The President has taken no independent action on this issue and constitutionally would only act on a bill Parliament has already passed. There is no direct role here to lobby toward.
  3. The Parliament and state legislatures, as the power to legislate on same-sex marriage rests with them: These are the bodies the government itself pointed to when it proposed forming a committee to examine related benefits, and they remain the only bodies that could pass an actual marriage law. Any real legislative movement on this issue has to start and end here.
  4. The National Commission for Human Rights, to advocate for a new directive: Its track record is limited to issuing recommendations and reports. It has never had, and does not have, the authority to issue a binding directive that changes marriage law.

Looking at where actual legislative action can occur confirms that Parliament and the state legislatures are the right target for advocacy, making option C the correct answer.

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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
Show Solution

The Correct Option is C

Approach Solution - 1

Think of this question as asking which of the four listed benefits does not need a marriage certificate to exist under the Constitution. Inheritance, joint adoption, and maintenance are all things the law hands out specifically because two people are legally married or because a particular statute names them as entitled. Cohabitation is different: it is simply about two adults choosing to live together, and that choice is covered by the right to privacy and personal liberty under Article 21, which does not ask whether the couple is married.

Because the 2023 judgment kept marriage itself out of reach for same-sex couples, it could not extend inheritance, adoption, or maintenance, since all three ride on marital status. What it could and did protect was the couple's ability to share a home and a life together, since that protection had already been read into personal liberty in earlier privacy rulings and does not depend on any marriage law.

That is why, among the four options, cohabitation is the one right the Court actually affirmed for same-sex couples.

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Approach Solution -2

A quick way to answer this is to check each option against one test: does this benefit legally require a valid marriage to exist, or does it exist independently of marriage?

  1. Automatic inheritance for same-sex partners: Fails the test. Inheritance rights of a spouse flow directly from a recognised marriage, which the Court did not grant.
  2. Joint adoption by same-sex couples: Fails the test. Adoption law works through recognised categories of applicants, and the judgment did not add same-sex couples to that list.
  3. Right to cohabit privately: Passes the test. This is a personal liberty right that two adults hold regardless of their marital status, so it did not need the Court to recognise a marriage first.
  4. Maintenance for same-sex partners: Fails the test. Maintenance claims are built around marital or dependent relationships defined by statute, none of which cover an unmarried same-sex couple.

Since cohabitation is the only benefit that does not depend on marital recognition, it is the one the Court was able to affirm even while refusing to legalise same-sex marriage.

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?

Show Hint

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
Show Solution

The Correct Option is B

Approach Solution - 1

It helps to trace this as a chain of cause and effect. Automatic inheritance and pension rights are not free-standing entitlements; they are consequences that the law attaches to the status of spouse. A person becomes a spouse only through a marriage the law recognises as valid.

For an opposite-sex couple, getting married creates that spousal status in one step, and inheritance, pension, and similar rights follow automatically after that. For Ramesh and Suresh, the chain breaks at the very first link, because the Supreme Court's ruling means there is no legal process by which their relationship becomes a marriage in the eyes of the law.

Without that first step, there is no spousal status to attach anything to, so pension and inheritance rights simply have nothing to rest on. The panel the government agreed to explore, the transgender-related marriage cases, and religious conversion are all separate issues that do not change this basic chain.

So the primary obstacle is the missing first link, the absence of legal marriage, which is option B.

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Approach Solution -2

Another way to look at this question is as a gap between lived reality and legal status. Ramesh and Suresh have built a real, decade-long domestic life together, but Indian law measures marital entitlements by legal status, not by how long a couple has lived together.

  1. Registering with a proposed government panel: A panel being urged to be formed is a policy recommendation, not an existing legal mechanism, so there is nothing for the couple to register with even if they wanted to.
  2. They cannot legally marry, so these rights cannot attach automatically: This captures the actual gap correctly. Living together for years builds a social and emotional bond, but it does not create the legal category of spouse that inheritance and pension law depends on.
  3. Rights limited to couples where one partner is transgender: This describes a narrower, separate legal scenario recognised under existing personal law and does not apply to two cisgender men, so it cannot be the general obstacle described here.
  4. Benefits through religious conversion: Indian civil entitlements like pension and inheritance are governed by the civil law framework the Court interpreted, not by whether a religion blesses a union, so conversion is not a real route around the problem.

The gap between a decade of shared life and zero legal recognition exists precisely because marriage, the gateway to these benefits, remains closed to them.

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

A useful way to settle this is to ask where each of these words is actually used in everyday LGBTQIA+ terminology. Intersex shows up consistently across medical and advocacy usage to describe people whose bodies do not fit typical binary sex categories, so that half of the acronym is settled.

The trickier part is the second letter, because Ally is a word people genuinely associate with this community, since allies are supporters who stand with LGBTQIA+ people. But an ally is, by definition, someone outside the identities being described, not a member of them, so it does not belong inside an acronym that lists identities. Asexual, on the other hand, names an actual identity, people who experience little or no sexual attraction, which is why it is the term formally used in the expanded acronym rather than Ally.

Initialisms, Agender, Intrasex, and Androgynous do not appear as the standard second term in this acronym at all, so they can be set aside quickly.

Putting the two correctly used, identity-based terms together gives Intersex and Asexual, which is option A.

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Approach Solution -2

One reliable way to answer this is to write out the full acronym letter by letter and check which identity each letter is meant to stand for, rather than guessing at the last two letters in isolation.

  1. Initialisms and Agender: Going letter by letter through LGBTQIA+, the L, G, B, T, and Q positions are already fixed as Lesbian, Gay, Bisexual, Transgender, and Queer or Questioning. Initialisms does not fit as a ninth identity slot at all, so this option fails immediately.
  2. Intersex and Ally: The I slot does correctly hold Intersex. But when the full acronym is written out in its standard form, the A slot is filled by Asexual, not Ally, so this option is only half right.
  3. Intrasex and Androgynous: Neither of these terms appears in the standard letter by letter breakdown of LGBTQIA+, so this option can be ruled out entirely.
  4. Intersex and Asexual: Walking through the full acronym in order, L, G, B, T, Q, I, A, lands exactly on Intersex for I and Asexual for A, matching the accepted standard form.

Building the acronym letter by letter, rather than judging the last two letters on their own, confirms that only one option matches the accepted expansion in full.

So the correct answer is Intersex and Asexual.

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