The Union Government told the Supreme Court Of India that it has moved petitions to shift all cases pending before different High Courts. These matters question the constitutionality of the Transgender Persons (Protection of Rights) Amendment Act, 2026.
The Union Government informed the Supreme Court that it has filed petitions seeking the transfer of all cases pending before various High Courts that challenge the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026.
Solicitor General Tushar Mehta brought the matter before a Bench led by Chief Justice of India (CJI) Surya Kant and requested that the transfer petitions be listed for hearing on Friday.
The Centre argued that several writ petitions questioning the amended law are currently pending in different High Courts nationwide and that parallel proceedings may lead to conflicting judicial decisions on the same constitutional issues.
During the hearing, the Solicitor General stated that the Centre seeks transfer of all pending petitions to the Supreme Court for an authoritative determination under Article 139A of the Constitution. He added that, after notice is issued in the transfer petitions, the Union Government may move for deferment of proceedings before the respective High Courts in connected matters.
The CJI, however, remarked that allowing High Courts to consider constitutional questions could also help the Supreme Court by providing the benefit of reasoned views from different constitutional courts.
Responding to this, the Solicitor General reiterated that simultaneous consideration of challenges to the 2026 Amendment Act by multiple High Courts could result in divergent or inconsistent rulings on matters relating to gender identity, constitutional protections, and statutory interpretation.
The Bench indicated that it would consider the request for listing and transfer of the petitions.
Earlier this month, the Supreme Court had issued notice on writ petitions challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026. The amendment was primarily challenged on the ground that it allegedly diluted the principle of self-identification of gender identity recognised in prior judicial precedents and statutory protections for transgender persons.
The petitions further raised issues relating to fundamental rights under Articles 14, 15, 19 and 21 of the Constitution, including rights concerning equality, dignity, privacy, autonomy, and protection against discrimination on the basis of gender identity.