Supreme Court Fixes Final Hearing of CAA Challenges for May 5, 2026: Constitutional Stakes and Legal Framework

1. Introduction: A Defining Constitutional Moment

The Supreme Court of India has fixed May 5, 2026 for the final hearing of petitions challenging the Citizenship (Amendment) Act, 2019 (CAA) and the Citizenship (Amendment) Rules, 2024.

This hearing is expected to be one of the most consequential constitutional adjudications in recent decades, involving questions of citizenship, equality, secularism, immigration policy, and the limits of judicial review.

2. Procedural Background and Case Management

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi directed that the matters be listed seriatim for final hearing in the week commencing May 5, 2026.

Hearing Schedule

  • Petitioners: May 5 and May 6 (first half)

  • Respondents (Union of India): May 7

  • Rejoinder arguments: May 12

The Court noted that the petitions fall into two broad categories:

  1. Assam and Tripura cases

  2. Cases from the rest of India

Nodal counsel have been directed to classify petitions accordingly.

3. Scale and Nature of the Litigation

Since Parliament passed the CAA on December 11, 2019, and the President granted assent on December 12, 2019, 243 petitions have been filed.

Petitioners include:

  • Indian Union Muslim League (IUML)

  • Congress leader Jairam Ramesh

  • AIMIM chief Asaduddin Owaisi

  • RJD MP Manoj Jha

  • TMC MP Mahua Moitra

  • All Assam Students’ Union

  • Pradyot Kishore Deb Barman (Tripura)

  • Several civil society groups and individuals

4. Statutory Framework: Citizenship (Amendment) Act, 2019

4.1 Amendment to Citizenship Act, 1955

The CAA amended Section 2(1)(b) of the Citizenship Act, 1955 by inserting a proviso redefining who is not treated as an “illegal migrant”.

Key Provisions

The Act fast-tracks Indian citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from:

  • Pakistan

  • Bangladesh

  • Afghanistan

Provided they entered India on or before December 31, 2014 and were exempted under:

  • Passport (Entry into India) Act, 1920

  • Foreigners Act, 1946

Muslims are excluded from this religious classification.

5. Citizenship (Amendment) Rules, 2024

On March 11, 2024, the Union government notified the Citizenship (Amendment) Rules, 2024, operationalising the CAA after four years.

The Rules establish procedures for:

  • Grant of citizenship by registration

  • Grant of citizenship by naturalisation

  • Online application and verification mechanisms

The notification triggered fresh petitions seeking interim relief, but the Supreme Court declined to stay the Act or the Rules.

6. Constitutional Provisions Under Challenge

6.1 Article 14 – Equality Before Law

Petitioners argue that classification based on religion violates Article 14, which guarantees equality before law and equal protection of laws.

The challenge focuses on:

  • Exclusion of Muslims from the religious classification

  • Alleged arbitrariness in selecting only three neighbouring countries

6.2 Article 15 – Non-Discrimination

Although Article 15 applies primarily to citizens, petitioners argue that the constitutional ethos of non-discrimination is violated by religion-based citizenship criteria.

6.3 Article 21 – Right to Life and Personal Liberty

Petitioners contend that citizenship policy affects fundamental rights of residents and implicates procedural and substantive due process under Article 21.

6.4 Article 355 – Duty of the Union

The Union government argued that the CAA does not amount to “external aggression” or “internal disturbance” and does not trigger obligations under Article 355.

6.5 Secularism as a Basic Structure Principle

Though not explicitly codified in one provision, secularism is part of the basic structure of the Constitution, and petitioners argue the CAA violates this doctrine.

7. Government’s Constitutional Defence

In its affidavit (October 2022), the Union government argued:

7.1 Sovereign Power Over Citizenship

Citizenship and immigration policy lie within Parliament’s sovereign legislative domain and involve foreign policy and national security considerations.

7.2 Limits of Judicial Review

The government asserted that courts should not interfere in immigration policy decisions through PILs.

7.3 No Demographic or Political Disruption

The government claimed that:

  • Eligible persons are already residing in India

  • The law does not incentivise fresh illegal migration

  • Grant of citizenship will not affect political rights of existing citizens

8. Judicial Precedents Relevant to the CAA Challenge

8.1 Equality and Classification

  • State of West Bengal v. Anwar Ali Sarkar (1952) – Classification must not be arbitrary.

  • E.P. Royappa v. State of Tamil Nadu (1974) – Arbitrariness is antithetical to equality.

  • Navtej Singh Johar v. Union of India (2018) – Equality includes substantive non-discrimination.

8.2 Citizenship and Sovereignty

  • Sarbananda Sonowal v. Union of India (2005, 2007) – Illegal migration affects national security; Parliament has wide powers over citizenship.

8.3 Secularism as Basic Structure

  • S.R. Bommai v. Union of India (1994) – Secularism is part of the basic structure.

  • Kesavananda Bharati v. State of Kerala (1973) – Parliament cannot destroy the basic structure.

8.4 Judicial Review of Policy

  • Balco Employees’ Union v. Union of India (2002) – Courts generally do not interfere with economic and policy decisions unless unconstitutional.

  • State of Madhya Pradesh v. Nandlal Jaiswal (1986) – Policy choices are subject to limited judicial scrutiny.

9. Core Constitutional Questions Before the Supreme Court

9.1 Whether Religion-Based Classification Violates Article 14

The Court must determine whether excluding Muslims and selecting only three countries constitutes:

  • Reasonable classification, or

  • Arbitrary discrimination

9.2 Whether CAA Violates Secularism

A central question is whether religion-based citizenship criteria violate the secular character of the Constitution.

9.3 Whether Citizenship Policy Is Beyond Judicial Review

The Court must balance sovereign policy discretion with constitutional limitations.

9.4 Whether CAA Impacts Federal and Regional Demography

Particularly in Assam and Tripura, concerns relate to cultural and demographic protection under constitutional and statutory frameworks.

10. Implications of the Final Verdict

For Citizenship Law

The ruling will define constitutional limits on religion-based citizenship criteria.

For Parliamentary Sovereignty

It will clarify how far Parliament’s sovereign power extends in matters of immigration and citizenship.

For Equality Jurisprudence

The judgment will shape future jurisprudence on classification, secularism, and constitutional morality.

For Federal and Regional Politics

The outcome will impact migration policy, minority rights discourse, and centre-state relations.

11. Conclusion

The Supreme Court’s final hearing on the CAA will determine whether the law represents a permissible exercise of sovereign legislative power or an unconstitutional departure from India’s secular and egalitarian constitutional framework.

With 243 petitions, multiple political stakeholders, and profound constitutional questions at stake, the May 2026 hearings will likely redefine India’s citizenship jurisprudence and the contours of constitutional equality for decades to come.

Location: Pune, Maharashtra, India

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