Supreme Court Fixes Final Hearing Schedule for CAA Constitutionality Challenges
The Supreme Court of India has officially established the timeline for the conclusive hearing in a series of petitions that contest the constitutional validity of the Citizenship (Amendment) Act, 2019 (CAA). The proceedings are set to commence during the week beginning May 5, 2026, marking a significant step in this long-pending legal battle.
Detailed Hearing Schedule and Arguments
According to the court's directive, the petitioners who are challenging the CAA will present their arguments on May 5, 2026, and continue for half a day on May 6. Following this, the respondent Union government, which supports the legislation, will have its turn to argue during the remaining half of May 6 and throughout May 7. This structured approach aims to ensure a thorough examination of both sides' positions.
Core Grounds of the Petitions
The petitions fundamentally challenge the CAA on the basis that it applies exclusively to individuals from six specified religious minorities—Hindu, Sikh, Buddhist, Jain, Parsi, and Christian—who hail from Afghanistan, Bangladesh, and Pakistan. Critics argue that the law unfairly excludes other allegedly persecuted minorities, such as the Rohingyas in Bangladesh and Ahmadiyyas in Pakistan, thereby raising questions about its discriminatory nature and compliance with constitutional principles.
Separate Hearings for Assam and Tripura
In addition to the main batch of cases, the Bench has indicated that separate hearings concerning issues specific to the states of Assam and Tripura will be taken up immediately after the conclusion of arguments in the primary proceedings. The overall hearing is anticipated to wrap up by May 12, 2026, providing a clear endpoint for this phase of the litigation.
Court Directives on Submissions and Procedures
The Supreme Court has granted liberty to all parties to place on record any additional material and documents related to their written submissions within a four-week timeframe. However, the court explicitly stated that no new writ petitions will be entertained based on submissions already filed. This move is designed to streamline the process and avoid unnecessary delays.
Background and Previous Court Orders
The Citizenship (Amendment) Act, 2019, seeks to fast-track Indian citizenship for members of the six specified minority communities from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014, citing religious persecution in their home countries. The Act was notified on December 12, 2019, and came into force on January 10, 2020.
In a previous order dated March 19, 2024, the Supreme Court declined to impose an immediate stay on the CAA Rules. During those proceedings, petitioners argued for an immediate freeze, expressing concerns that granting citizenship during ongoing litigation could lead to irreversible consequences. Conversely, the Solicitor General requested a four-week window to file a formal response, which the court accommodated while setting strict timelines for written submissions.
To expedite the hearing, the court has imposed a limit of five-page summaries for both petitioners and the Union government, emphasizing efficiency and focus in the upcoming arguments.
