The Supreme Court of India on Feb 19, announced that it will commence hearing petitions challenging the validity of the Citizenship Amendment Act, 2019, from May 5, 2026. The matter was taken up for procedural directions by a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi.
According to the schedule set by the bench, petitioners will advance their submissions on May 5 and the first half of May 6. The respondents are expected to present their arguments in the latter half of May 6 and continue on May 7. The court indicated that matters concerning the rest of the country would be heard first, followed by petitions specifically related to Assam and Tripura.
Senior Advocate Indira Jaising urged the court to hear petitions concerning Assam and other North-Eastern states separately, pointing to issues surrounding Section 6A of the Citizenship Act and the Inner Line Permit regime. Solicitor General Tushar Mehta submitted that matters relating to Assam and Tripura had already been categorised separately in accordance with a 2020 court order.
The Citizenship Amendment Act was passed by Parliament on December 11, 2019. It amends the earlier citizenship framework to provide a fast-track pathway to Indian citizenship for religious minorities, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, who fled alleged persecution in Pakistan, Bangladesh and Afghanistan and entered India on or before December 31, 2014.
The law makes eligible members of these communities for citizenship after fulfilling certain conditions, including proof of residence in India for five years and evidence that they entered the country before the stipulated cut-off date. The Act does not grant automatic citizenship but enables eligible applicants to apply under relaxed norms.
The CAA has faced multiple legal challenges since its enactment. Petitioners have argued that the exclusion of Muslims from the scope of the amendment violates the constitutional guarantee of equality and secularism. Critics have also contended that the law does not account for persecuted minorities from other neighbouring countries.
Petitioners from Assam have raised additional concerns, claiming that the CAA is inconsistent with the Assam Accord and could alter the demographic balance of the state. They have argued that the legislation undermines the safeguards promised under earlier agreements.
The Centre, however, has maintained that the CAA does not take away the citizenship of any Indian citizen and does not infringe upon the fundamental rights of existing citizens. The government has also emphasised that the law is a narrowly tailored humanitarian measure intended to provide relief to specified persecuted minorities.
The case was last listed before the apex court in March 2024, and the upcoming hearings in May are expected to mark a significant stage in the judicial examination of the contentious legislation.
