Guwahati: The Supreme Court announced on Monday that it will begin hearing petitions challenging the Citizenship Amendment Act (CAA) and its rules in May.
The Supreme Court bench, led by Chief Justice Surya Kant with Justices Joymalya Bagchi and Vipul M. Pancholi, asked lawyers how long their submissions would take and outlined the hearing schedule: “CAA 2019 petitions are divided into two groups, Assam-Tripura and the rest of the country. Nodal counsels will submit lists within two weeks, after which the registry will organise hearings starting the week of May 5, 2026. Petitioners will be heard on May 5-6, respondents on May 7, and rejoinders on May 12.”
A total of 243 petitions have been filed challenging the CAA, which was passed by Parliament on December 11, 2019, and received the President’s approval the next day. The Indian Union Muslim League (IUML) was among the first to approach the apex court, followed by numerous other petitioners.
The CAA and associated rules provide a path to Indian citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who entered India on or before December 31, 2014, from Bangladesh, Pakistan, and Afghanistan. The Act modifies Section 2 of the Citizenship Act, 1955, which defines “illegal migrants,” by introducing a proviso under Section 2(1)(b).
Under this amendment, individuals from the six specified communities who have been exempted by the central government under the Passport (Entry into India) Act, 1920, or the Foreigners Act, 1946, will not be considered “illegal migrants” and can apply for citizenship. The exclusion of Muslims from this provision has sparked widespread protests and numerous petitions.
Petitioners argue that the CAA discriminates on the basis of religion, violating the constitutional guarantee of equality under Article 14. On December 18, 2019, the Supreme Court issued notice to the Union of India regarding these challenges, but had not stayed the law as the rules had not yet been notified, leaving the Act in a state of limbo.
The government’s notification of the Citizenship (Amendment) Rules on March 11, 2024, formally brought the CAA into effect, prompting fresh pleas in the Supreme Court seeking a suspension of the Act and Rules. While the Court asked the government for a response to these pleas, it declined to grant an interim stay.