Supreme Court To Start Hearing Petitions Challenging Citizenship Amendment Act 2019 From May 5

The Supreme Court on Thurdsay posted the petitions challenging the Citizenship Amendment Act 2019 for hearing in the week commencing on May 5, 2026.

A bench comprising Chief Justice of India, Justice Joymalya Bagchi and Justice Vipul Pancholi were considering the petitions today for procedural directions. The matter was last listed nearly two years ago, on March 19, 2024.

Senior Advocate Indira Jaising requested that the petitions relating to Assam and the other North-Eastern states be considered separately, since there are issues arising out of Section 6A of the Citizenship Act and the interline permit. Solicitor General of India Tushar Mehta informed that as per the order passed in January 2020, the matters related to Assam and Tripura are to be separately categorised from the other matters.

CJI said that the matters related to the rest of the country can be heard first, followed by the petitions pertaining to Assam and Tripura.

The petitioners will be heard on May 5 and May 6 half-day. The respondents will be heard on the second half of May 6 and on May 7. The rejoinder submissions will be heard on May 12.

The Citizenship Amendment Act 2019 allows non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who entered India without travel documents before December 31, 2014 to seek Indian citizenship. They are not regarded as "illegal migrants" and are allowed to apply for Indian citizenship.

The CAA has been challenged as unconstitutional for excluding Muslims from the category of migrants, and not for considering refugees fleeing persecution from other neighbouring countries. In March 2024, the Union Government notified the rules to implement the Citizenship Amendment Act as well as the formation of committees at the state or union territory level to process the applications under the act. Although the CAA Rules 2024 were also challenged, the Court did not hear it.

Petitioners from Assam have challenged the CAA on the ground that it was contrary to the Assam Accord. The State of Kerala has filed an original suit challenging the legislation.

The government's defence of the act rests on its assertion that it does not affect the citizenship of any Indian citizen, and that mere under-inclusion of certain groups for the grant of a concession will not per se violate Article 14.

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