SC questions relevance of two-child norm for contesting elections, cites changing demographic trends

New Delhi: The Supreme Court has expressed the view that laws disqualifying people with more than two children from contesting elections have lost their relevance, observing that the demographic realities underpinning such restrictions have undergone a fundamental change over the past two decades.

A bench of justices PS Narasimha and Alok Aradhe, while referring a challenge to Maharashtra's two-child disqualification law to a larger bench, said, "We are of the strong opinion that laws that penalise having more than two children have lost relevance. The foundation of such laws, that is, the fear of overpopulation, has crumbled due to demographic changes in the past few decades. We have explained how, since 2003, when Javed vs State of Haryana upheld such laws, India's total fertility rate has fallen from 3 to 1.9."

The bench said allowing such laws to continue would exclude an entire class of citizens from political representation on grounds having little relevance or rational connection to their capacity to hold public office. "Further, it compels an unconscionable choice between bearing children and democratic participation, impinging upon reproductive autonomy under Article 21," the SC underscored.


The observations came while examining a challenge to the disqualification of Mangala Bhimrao Ingle, a former sarpanch of Kakoda Gram Panchayat in Maharashtra, under Section 14(1)(j-1) of the Maharashtra Village Panchayats Act, 1959. The provision disqualifies a person having more than two children from contesting or continuing as a member of a village panchayat.

Ingle was disqualified following proceedings initiated over allegations that she had a third child. The Bombay HC upheld the disqualification, prompting her to approach the SC. The apex court had stayed the operation of the HC order on November 4, 2025. The case also raises questions about the continuing validity of the SC's 2003 judgement in Javed vs State of Haryana, in which a three-judge bench upheld provisions of the Haryana Panchayati Raj Act, 1994, disqualifying persons with more than two living children from contesting panchayat elections.

The bench said the matter warranted consideration by a larger bench and accordingly stayed the proceedings before it while making the reference.