The Supreme Court on Thursday fixed the batch of petitions challenging the Citizenship Amendment Act, 2019 (CAA) for final hearing in the week commencing May 5, 2026.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi considered the matters for procedural directions. The cases were last listed on March 19, 2024.
Segregation of Assam and North-East Matters
During the hearing, Senior Advocate Indira Jaising requested that petitions from Assam and other North-Eastern States be heard separately. She submitted that these matters involve distinct issues relating to Section 6A of the Citizenship Act and the Inner Line Permit regime.
Solicitor General Tushar Mehta informed the Court that an order passed in January 2020 already directed separate categorisation of petitions concerning Assam and Tripura.
The Chief Justice stated that the Court will first hear petitions relating to the rest of the country. It will thereafter take up matters concerning Assam and Tripura.
Hearing Schedule
The Bench fixed the following schedule:
- Petitioners: May 5 and first half of May 6
- Respondents: Second half of May 6 and May 7
- Rejoinder submissions: May 12
What the CAA Provides
The Citizenship Amendment Act, 2019 allows non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who entered India without valid travel documents on or before December 31, 2014 to apply for Indian citizenship.
The Act exempts such persons from the category of “illegal migrants.”
Grounds of Challenge
Several petitions contend that the CAA is unconstitutional. The principal challenge concerns the exclusion of Muslims from its scope and the absence of similar protection for refugees from other neighbouring countries.
Petitioners from Assam argue that the CAA violates the Assam Accord. The State of Kerala has filed an original suit challenging the legislation.
In March 2024, the Union Government notified the Citizenship Amendment Act Rules, 2024. It also set up committees at the State and Union Territory levels to process applications under the Act. Although the CAA Rules, 2024 have also been challenged, the Court has not yet heard those petitions.
Union’s Defence
The Union Government maintains that the CAA does not affect the citizenship of any Indian citizen. It argues that under-inclusion of certain groups in granting a statutory concession does not, by itself, violate Article 14 of the Constitution.
The lead matter is titled INDIAN UNION OF MUSLIM LEAGUE v. UNION OF INDIA, W.P.(C) No. 1470/2019, along with connected cases.
