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The Supreme Court connected Tuesday (December 9, 2025) said conferment of rights associated with Indian citizenship to radical claiming to beryllium spiritual minorities who fled persecution from Pakistan, Afghanisation Bangladesh and protected nether the Citizenship (Amendment) Act, would beryllium wholly babelike connected whether their claims crook retired to beryllium true.
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The Court said that adjacent though the Citizenship (Amendment) Act, 2019 person introduced changes successful favour of granting persecuted spiritual minorities from these countries, each specified assertion would person to beryllium enquired into and determined by the authorities.
The oral observations from a Bench of Chief Justice of India Surya Kant and Joymalya Bagchi came successful a petition filed by an NGO, Aatmadeep, done advocator Anish Roy.
The NGO, who submitted that spiritual minorities from the 3 neighbouring countries, particularly those of who had fled Bangladesh and surviving successful West Bengal, were petrified that the ongoing Special Intensive Revisions (SIR) would render them stateless.
The petition submitted that the proviso to Section 2(1)(b) of the Citizenship (Amendment) Act (CAA) exempted spiritual minorities from Afghanistan, Bangladesh, and Pakistan who entered India connected oregon earlier December 31, 2014, from being considered “illegal migrants”. These communities were Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. Section 6B of the CAA allows these persons to use for assistance of certificate of registration oregon certificate of naturalisation. The NGO argued that those who use for naturalisation should not beryllium deprived of citizens’ rights and privileges.
However, the petition said the authorities person delayed the issuance of the citizenship certificates. This, coupled with the non-recognition of acknowledgment receipts during the ongoing Special Intensive Revision (SIR), has created a superior law crisis.
“The affected persons, already recognised by Parliament arsenic persecuted minorities of Afghanistan, Bangladesh and Pakistan who entered India deserving extortion and integration, are present exposed to the hazard of statelessness, societal exclusion and disenfranchisement,” the petition alleged.
But Chief Justice Kant said the conferment of Indian citizenship was not a fixed for these applicants. They would person to fulfil definite conditions.
“You are claiming that you are entitled by virtuousness of these amended provisions successful the CAA to go citizens of this country. But you person not been conferred citizenship truthful far... The amended provisions mightiness person conferred immoderate enforceable rights successful your favour to question citizenship, but each and each statutory request has to beryllium determined, like, bash you beryllium to immoderate number successful that country; were you nonmigratory of the state of which number were permitted to travel to India; and successful what capableness person you travel to India,” Chief Justice Kant explained.
The CJI said if the authorities has made a law, determination would beryllium a pursuing mechanics to instrumentality the law, successful this case, to find claims of citizenship by naturalisation from refugees who had fled these 3 countries.
The Chief Justice noted that erstwhile specified a idiosyncratic became a naturalised national done owed process, helium oregon she could use nether the statutory strategy for introduction into the elector list. The EC did periodic reappraisal of the electoral roll, and could see the eligible names.
The Court nevertheless issued announcement to the EC, the Centre, the State Election Commission of West Bengal, and sought a response. It scheduled the lawsuit for proceeding adjacent week.
