The Supreme Court has scheduled hearings for petitions challenging the Citizenship Amendment Act 2019, beginning the week of May 5, 2026. The bench, comprising Chief Justice of India Joymalya Bagchi and Justice Vipul Pancholi, is considering the petitions after a gap of nearly two years.
CAA Challenge: Supreme Court Sets Hearing Date
Senior Advocate Indira Jaising requested the court to consider petitions related to Assam and other North-Eastern states separately, citing issues stemming from Section 6A of the Citizenship Act and the interline permit system. Solicitor General of India Tushar Mehta informed the court that matters concerning Assam and Tripura, as per a January 2020 order, would be categorized separately from other cases.
The Chief Justice indicated that the court would first hear matters pertaining to the rest of the country, followed by petitions specifically addressing Assam and Tripura. Hearings are scheduled for May 5 and May 6 (half-day for petitioners), with respondents to be heard on the second half of May 6 and May 7. Rejoinder submissions will be addressed on May 12.
The Citizenship Amendment Act 2019 facilitates Indian citizenship for non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014, without valid travel documents, and who are not considered “illegal migrants.”
The CAA has faced constitutional challenges, primarily for excluding Muslims from eligibility and for not considering refugees from other neighboring countries. The Union Government notified the rules to implement the Citizenship Amendment Act and formed committees at the state or union territory level to process applications under the act in March 2024.
Petitioners from Assam have challenged the CAA, arguing it contradicts the Assam Accord. The State of Kerala has also filed an original suit challenging the legislation. The government defends the act by asserting it does not affect the citizenship of any Indian citizen and that excluding certain groups from a benefit does not automatically violate Article 14.
The case is titled INDIAN UNION OF MUSLIM LEAGUE Vs UNION OF INDIA, W.P.(C) No. 1470/2019 and connected cases.
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