Citizenship Amendment Act | Supreme Court schedules final hearings in May 2026
Citizenship Amendment ActJudges: Surya Kant CJI, Joymalya Bagchi J, V.M. Pancholi J
Today, the Supreme Court heard a batch of petitions challenging the constitutionality of the Citizenship (Amendment) Act, 2019 (CAA), after nearly two years. A Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V.M. Pancholi indicated that the matters would now be put on track for final hearing.
Notice in the matter was issued in December 2019. On 20 May 2020, the Court declined to grant an interim stay on the Act. On 19 March 2024, a Bench led by then CJI D.Y. Chandrachud refused to stay the CAA Rules, 2024 and sought response from the Union to the applications.
The CAA amended the Citizenship Act, 1955 to provide a pathway to Indian citizenship for non-Muslim immigrants from Afghanistan, Bangladesh and Pakistan who entered India on or before 31 December 2014. The Act excludes Muslim immigrants.
Protests erupted across the country after Parliament passed the law. Petitioners argued that in combination with a proposed all-India National Register of Citizens (NRC), the CAA could disproportionately affect Muslims residing in India. While non-Muslims excluded from the NRC may seek citizenship under the CAA, Muslims would not have the same recourse.
The Indian Union Muslim League filed the first petition in December 2019. Several other petitioners followed. Around 200 petitions are currently tagged together. The primary challenge is that the CAA discriminates on the basis of religion and violates Articles 14 and 21.
Pan India concerns to be taken up first
Senior Advocate Indira Jaising, appearing for one of the petitioners, reminded the Court that the matter had been listed after two years. The Chief responded, “We have seen. Directions were there. If you think any supplementary submissions have to be filed… then you can.”
Appearing for the Assam Lawyers Association, counsel pointed out that the cut-off date had been extended to 24 December 2024 under the immigration and foreigners framework. Solicitor General Tushar Mehta submitted that as far as Assam and Tripura were concerned, an Order dated 22 January 2020 had directed that matters be listed in two categories: Assam and Tripura and the rest of the country. The CJI indicated that the Court could first hear the “pan India” matters followed by Assam and Tripura.
The Court directed the nodal counsel to identify the matters falling in each category and submit a list to the Registry within two weeks. The Registry was directed to segregate them accordingly.
Petitioners will be heard in the first half of 5 May and the second half of 6 May. Respondents will be heard for half a day on 7 May. Liberty was granted to file any additional submissions within four weeks.