Supreme Court to Hear Challenges to Citizenship Amendment Act in May 2026

Novel Delhi – The Supreme Court of India has scheduled hearings for petitions challenging the Citizenship Amendment Act (CAA) of 2019, beginning the week of May 5, 2026. The decision to schedule the hearings comes nearly two years after the matter was last listed on March 19, 2024.

Key Details of the Upcoming Hearings

• Hearing Dates: Petitions will be heard on May 5th and May 6th (half-day). Respondents will present their arguments on the second half of May 6th and throughout May 7th. Rejoinder submissions will be considered on May 12th.
• Bench Composition: The hearings will be presided over by a bench comprising Chief Justice of India Joymalya Bagchi and Justices Vipul Pancholi.
• Separate Consideration for Northeast: Senior Advocate Indira Jaising requested the court to consider petitions related to Assam and other Northeastern states separately, citing issues related to Section 6A of the Citizenship Act and the interline permit system.
• Assam and Tripura Cases: Solicitor General Tushar Mehta informed the court that matters concerning Assam and Tripura, as per a January 2020 order, will be categorized separately from other cases. The court agreed to hear cases from the rest of the country first, followed by those pertaining to Assam and Tripura.

What is the Citizenship Amendment Act (CAA)?

The Citizenship Amendment Act, passed in 2019, allows non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who entered India without valid travel documents before December 31, 2014, to seek Indian citizenship. These migrants are not considered “illegal migrants” under the Act and are eligible to apply for citizenship. Source: LiveLaw

Challenges to the CAA

The CAA has faced legal challenges alleging that it is unconstitutional due to its exclusion of Muslims from the eligibility criteria. Petitioners also argue that the Act fails to consider refugees fleeing persecution from other neighboring countries. The State of Kerala has filed an original suit challenging the legislation.

Government’s Defense

The government defends the CAA by asserting that it does not affect the citizenship of any existing Indian citizen. Officials argue that the Act merely provides a concession to certain groups and that excluding some groups does not violate Article 14 of the Constitution.

Recent Developments

In March 2024, the Union Government notified the rules for implementing the Citizenship Amendment Act and established committees at the state and union territory levels to process applications. Challenges to the CAA Rules 2024 are also pending before the Court. Source: LiveLaw

Case Details

Case Name: INDIAN UNION OF MUSLIM LEAGUE Vs UNION OF INDIA
W.P.(C) No.: 1470/2019 and connected cases