On Tuesday, December 9, 2025, the Supreme Court ruled that granting Indian citizenship rights to individuals claiming to be members of religious minorities who fled persecution in Pakistan, Afghanistan, and Bangladesh and are protected under the Citizenship (Amendment) Act would depend entirely on the veracity of their claims.
CAA Petition Raises Fears
The Court said that while the Citizenship (Amendment) Act, 2019 has made adjustments in favor of awarding persecuted religious minority from certain nations, each such application would need to be investigated and decided by the authorities.
An NGO called Aatmadeep, represented by attorney Anish Roy, filed a petition that included the oral remarks of Chief Justice of India Surya Kant and Joymalya Bagchi.
The NGO said that religious minorities from the three neighboring countries were afraid that the current Special Intensive Revisions (SIR) would make them stateless, particularly those who had left Bangladesh and were now residing in West Bengal.
CAA Citizenship Delay Concerns
The petition argued that religious minorities from Afghanistan, Bangladesh, and Pakistan who arrived in India on or before December 31, 2014, were not deemed “illegal migrants” under the proviso to Section 2(1)(b) of the Citizenship (Amendment) Act (CAA). These groups included Christians, Buddhists, Jains, Sikhs, Parsis, and Hindus. These individuals may apply for the issuance of a certificate of naturalization or registration under Section 6B of the CAA. The NGO maintained that citizens’ rights and advantages should not be denied to individuals who seek for naturalization.
The petition, however, claimed that the authorities had postponed issuing the citizenship certificates. This has led to a major constitutional dilemma, as has the continuing Special Intensive Revision (SIR), which does not recognize acknowledgment receipts.
CAA Citizenship Not Automatic
The petition claimed that “the affected individuals, previously recognized by Parliament as persecuted minority of Afghanistan, Bangladesh, and Pakistan who entered India worthy of protection and integration, are now exposed to the possibility of statelessness, social marginalization, and disenfranchisement.”
However, Chief Justice Kant said that these candidates would not automatically get Indian citizenship. They would need to meet certain requirements.
You are arguing that the CAA’s revised provisions provide you the right to become a citizen of this nation. However, you have yet to get citizenship. Chief Justice Kant clarified, “The amended provisions may have granted you some enforceable rights in your favor to seek citizenship, but each and every statutory requirement has to be determined, such as do you belong to any minority in that country; were you a resident of the country from which minorities were permitted to come to India; and in what capacity have you come to India.”
Court Orders Authorities Response
According to the CJI, if a legislation is passed by the government, there will be a procedure in place to carry it out. In this instance, the procedure would be to evaluate claims of citizenship by naturalization from refugees who had escaped these three nations.
The Chief Justice pointed out that such an individual might apply under the statutory framework for inclusion in the voter list after becoming a naturalized citizen via due process. The EC reviewed the electoral register on a regular basis and may have included the names of those who qualified.
Nonetheless, the Court sent a notice to the State Election Commission of West Bengal, the EC, and the Center and requested a response. It set the matter for hearing the following week.
