Supreme Court to Commence Final Hearings on CAA Petitions from May 5, 2026

The Supreme Court of India has scheduled the final hearing for over 250 petitions challenging the constitutional validity of the Citizenship (Amendment) Act, 2019 (CAA), to commence on May 5, 2026. A three-judge Bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi, will preside over the proceedings, which are expected to conclude by May 12, 2026.

Background of the Citizenship (Amendment) Act, 2019

The CAA, enacted in December 2019, amends the Citizenship Act, 1955. It provides an expedited pathway to Indian citizenship for undocumented non-Muslim migrants—specifically Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—who entered India from Afghanistan, Bangladesh, and Pakistan on or before December 31, 2014. The Act reduces the residency requirement for naturalization for these communities from 11 years to 5 years. The Central government notified the CAA Rules on March 11, 2024, paving the way for the Act's implementation.

Key Arguments Against the CAA

The numerous petitions, with the Indian Union Muslim League (IUML) as a lead petitioner, primarily contend that the CAA is discriminatory and violates fundamental principles of the Indian Constitution. Critics argue that the exclusion of Muslims from the Act's provisions violates Article 14 (Right to Equality), which guarantees equality before the law to all persons, and undermines the secular fabric of the nation. Petitioners also highlight a potential 'unholy nexus' between the CAA and the proposed National Register of Citizens (NRC) exercise. Concerns have also been raised regarding the Act's impact on the demography of states like Assam and Tripura, with some arguing it contravenes the 1985 Assam Accord.

Government's Stance and Justification

The Union government has consistently defended the CAA, characterizing it as a 'benign piece of legislation' designed to offer refuge and citizenship to religious minorities who have faced persecution in the three neighboring Islamic countries. The government asserts that the Act does not affect the citizenship or fundamental rights of any existing Indian citizen. It justifies the exclusion of Muslims by stating that Pakistan, Bangladesh, and Afghanistan are Islamic-majority nations where Muslims are unlikely to face religious persecution. The government maintains that the law is about granting citizenship, not taking it away.

Hearing Structure and Previous Developments

The Supreme Court has indicated that it will first address petitions concerning the pan-India application of the CAA, followed by those specifically related to Assam and Tripura, acknowledging the distinct issues in these regions. While the Supreme Court issued notices regarding the petitions in December 2019, it has previously declined to stay the implementation of the CAA. In March 2024, the Court also refused to pass an interim order staying the grant of citizenship under the newly notified rules.