The Supreme Court on Wednesday questioned if the two-child norm for contesting elections is still relevant. Justice Narasimha remarked that "laws which penalise individuals for having more than two children have lost their relevance." India’s fertility rate fell from 3 in 2003 to 1.9, prompting the court to reconsider these rules.
In 2003, India's Total Fertility Rate was 3, it has since declined to 1.9
New Delhi:
The Supreme Court on Wednesday observed that India's demographic landscape has undergone a significant transformation over the past two decades, and hence laws disqualifying individuals with more than two children from contesting elections may no longer be relevant in the present context.
The top court noted that, following the decline in India's Total Fertility Rate (TFR), such laws have lost their relevance.
The observations came while the court set aside the disqualification of Mangala Bhimrao, a former Sarpanch of Maharashtra's Kakoda Gram Panchayat, who had been barred from contesting elections following the birth of her third child.
While allowing her appeal, a bench comprising Justice PS Narasimha and Justice Alok Aradhe has referred the matter to a larger bench for reconsideration of the 2003 judgment by a three-judge bench in the case of Javed v State of Haryana.
In that 2003 judgment, the provision under the Haryana Panchayati Raj Act, 1994 - which disqualified individuals from contesting Panchayat elections if they had more than two living children - was upheld as constitutionally valid.
While delivering the order, Justice Narasimha remarked that laws which penalise individuals for having more than two children have lost their relevance.
In 2003, India's Total Fertility Rate was 3, it has since declined to 1.9. A fertility rate of 2.1 is considered the 'replacement rate' - the level required to keep a population stable.
The court observed that a fertility rate falling below the replacement level will impact the country's demographics in the future.
This will lead to an increase in the proportion of the elderly population and a decrease in the share of the working-age population, the court said. In this context, the court said, it is necessary to re-examine the laws enacted with the objective of curbing population growth.
The bench also questioned the reasoning adopted in the Javed judgment, which had justified the 'two-child norm' in such matters.
The court observed that such laws exclude an entire class of citizens from political representation, even though having more than two children has no direct bearing on an individual's capacity to hold public office.
Observations on reproductive freedom and the right to contest elections:
The court noted that such provisions force individuals to make an unacceptable choice between having children and participating in the democratic process.
This could potentially violate the right to 'reproductive autonomy' under Article 21 of the Constitution.
The bench cautioned that if shifting demographic conditions are not taken into account, India could face serious consequences in the future.
Relief for a former Sarpanch from Maharashtra
Mangla Bhimrao Ingle, the former Sarpanch of Kakoda Gram Panchayat in the Buldhana district of Maharashtra, had been disqualified on the grounds of having a third child, pursuant to Section 14(1)(j-1) of the Maharashtra Village Panchayats Act, 1959.
The Additional Collector had issued the disqualification order following a complaint filed against her, and the Additional Commissioner had subsequently dismissed her appeal.
Thereafter, the Bombay High Court upheld the disqualification on August 5, 2025. The Supreme Court has now set aside her disqualification.
In how many states is the 'two-child norm' in effect?
According to information submitted to the court by amicus curiae Advocate Rukmini Bobde, seven states have abolished the 'two-child norm'.
There is no such policy in place in 15 states. Provisions of this nature still exist in Assam, Goa, Gujarat, Maharashtra, Odisha, and Uttarakhand. During the hearing on this matter, the court also referred to an article published in the media regarding India's declining fertility rate.
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