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Supreme Court sets May 5 for hearing over 240 petitions challenging CAA, to hear Assam and Tripura separately
The Supreme Court issued the first set of notices in the matter on December 18, 2019, but refused to stay the CAA amendment.
On March 11, 2024, the government notified the relevant rules paving the way for implementation of the CAA. (File photo)
The Supreme Court said Thursday it will start hearing petitions challenging amendments to the Citizenship Act, 1955, made in 2019, from the week starting May 5.
A three-judge bench, headed by Chief Justice of India Surya Kant, before whom the cluster of petitions was listed, inquired about the time the parties would need for their submissions so that it could allocate time accordingly.
Senior Advocate Indira Jaising urged the bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, that petitions pertaining to Assam and the other Northeastern states be taken up separately, as there are issues arising out of the introduction of Section 6A in the Citizenship Act to give effect to the Assam accord, as well as questions of innerline permit.
Solicitor General Tushar Mehta pointed out that the court had said in January 2020 that the cases related to Assam and Tripura would be categorised separately.
The bench agreed that the petitions regarding Assam and Tripura can be heard after the others.
Fixing the schedule, the bench ordered, “There are two sets of cases assailing CAA 2019. These matters were categorised into two groups: Assam-Tripura and the rest of the country. The nodal counsel appointed will identify the matters falling in the first and second groups, and the list shall be submitted to the registry within two weeks. Registry shall thereafter segregate in two categories and the same shall be listed…for final hearing in the week commencing May 5, 2026.”
The court added that petitioners will be heard on May 5 and the first half of May 6, followed by the respondents in the second half of May 6, as well as on May 7. The rejoinder arguments will be heard on May 12.
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The court is seized of over 240 petitions challenging the 2019 amendments, which eased the process of granting citizenship to non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who came to India before December 31, 2014.
The amendments seek to provide citizenship by naturalisation to “illegal migrants” belonging to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered India on or before December 31, 2014. Under the naturalisation rules, a migrant can apply for citizenship after 11 years; members of these communities can apply after 5 years.
Those challenging it have alleged that by excluding Muslims from its ambit, the amendments are arbitrary, and create a distinction on the basis of religion and violate secularism, which is part of the basic structure of the Constitution.
The SC issued the first set of notices in the matter on December 18, 2019, but refused to stay the amendment.
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On March 11, 2024, the government notified the relevant rules paving the way for implementation of the CAA. This was also challenged before the court, which issued notice on the petitions but refused to stay the Rules.
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