Supreme Court To Hear CAA Petitions From May 5

The Supreme Court of India will commence hearings on petitions challenging the Citizenship Amendment Act (CAA), 2019, from May 5, 2026. A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi scheduled the matter while issuing procedural directions. The petitions question the constitutional validity of the legislation enacted by Parliament in December 2019.

The matter was last listed in March 2024. The upcoming hearings will address challenges filed from across the country, including separate pleas concerning Assam and Tripura.

What the Citizenship Amendment Act Provides

The Citizenship Amendment Act, passed on December 11, 2019, amends provisions of the Citizenship Act to provide a fast-track pathway to Indian citizenship for members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities from Pakistan, Bangladesh and Afghanistan. Eligible applicants must have entered India on or before December 31, 2014, and demonstrate five years of residence.

The Act does not grant automatic citizenship but makes specified groups eligible to apply. Applicants must establish that they fled religious persecution and meet documentation requirements prescribed under the rules notified subsequently.

Arguments Before the Court

Senior Advocate Indira Jaising urged that petitions relating to Assam and other North-Eastern states be heard separately, citing issues connected to Section 6A of the Citizenship Act and the Inner Line Permit system. The Solicitor General argued that matters concerning Assam and Tripura should be categorised distinctly in line with earlier court directions.

The bench indicated that petitions concerning the rest of India would be heard first, followed by those specific to Assam and Tripura. Hearings are scheduled for May 5 and 6, with respondents to be heard thereafter.

Constitutional and Regional Concerns

The exclusion of Muslims from the amendment has been criticised by opposition parties, legal scholars and civil society groups as violative of the constitutional guarantee of equality under Article 14. Petitioners from Assam contend that the Act contravenes the 1985 Assam Accord by altering the agreed cut-off date for detection and deportation of illegal migrants.

Important Facts for Exams

• The Citizenship Amendment Act was enacted in December 2019.
• It amends provisions of the Citizenship Act, 1955.
• Section 6A of the Citizenship Act relates specifically to Assam.
• The Assam Accord was signed in 1985 to address illegal migration issues.

Centre’s Stand and Wider Implications

The Union Government has maintained that the Act does not affect the citizenship or fundamental rights of existing Indian citizens. It argues that the law addresses humanitarian concerns of persecuted minorities from neighbouring countries. The forthcoming hearings are expected to have significant constitutional and political implications, particularly in the context of federal concerns and regional sensitivities in the North-East.