Supreme Court Issues Notice On Centre's Transfer Plea; Stays High Courts' Proceedings In Challenges To Transgender Rights Amendment Act
Previously the Court had agreed to hear the transfer plea during vacations after S
The Supreme Court had issued notice on a transfer petition filed by the Union seeking to transfer all ongoing challenges against the Transgender Persons Protection of Rights (Amendment) Act 2026 from various High Courts.
The partial working days bench, comprising Chief Justice of India Surya Kant and Justice V. Mohana, ordered, "Issue notice returnable on...Meanwhile, the proceedings before the High Courts shall remain stayed."
Solicitor General Tushar Mehta appeared for the Union.
During the hearing, Solicitor General of India Tushar Mehta, representing the Union, requested that if the petitions are transferred to the Supreme Court, they should be referred to a three-judge bench.
Mehta argued that the petitioners challenging the 2026 Amendment rely heavily on the landmark 2014 NALSA judgment, which was delivered by a two-judge bench.
The Court ordered an immediate stay on all related proceedings currently pending before various High Courts. The bench indicated that it may either transfer the cases to the Supreme Court or consolidate them to be heard by one specific High Court.
Previously, the Court agreed to hear the plea seeking the transfer to the Supreme Court, the Writ Petitions before various High Courts, challenging the Transgender Persons Amendment Act, 2026. The matter was mentioned by the Solicitor General, who requested the Court to list the matter on Friday, i.e. May 29, 2026, as there are various High Courts which will hear the matter during the vacations of the Supreme Court.
The Court had issued notices to the Union of India and all State Governments regarding a batch of writ petitions challenging the Transgender Persons (Protection of Rights) Amendment Act, 2026. The petitions argued that the new legislation is unconstitutional and "ultra vires" as it systematically dismantles the landmark NALSA (2014) judgment by stripping away the fundamental right to self-perceived gender identity.
The Kerala High Court had passed interim orders in pleas challenging the constitutionality of the amendment, permitting the continuation of hormone therapy by transgender persons.
The petition before the Supreme Court sought direction declaring that all certificates of identity lawfully obtained by transgender persons under the Transgender Persons (Protection of Rights) Act, 2019, prior to the commencement of the Impugned Amendment Act, shall remain valid and shall not be invalidated, revoked, or rendered ineffective by any provision of the Amendment Act, and that the rights and entitlements flowing from those certificates shall continue in full force.
Cause Title: Union of India v. Nai Bhor Sanstha [T.P.(C) No. 1686-1692/2026]