India's Supreme Court has signaled a potential re-evaluation of the long-standing two-child norm for contesting local body elections. The court questioned the policy's continued relevance given the nation's significantly declining fertility rates, which have fallen below replacement levels in many regions.
Court Questions Decades-Old Policy
A bench comprising Justices P.S. Narasimha and Alok Aradhe expressed skepticism regarding the efficacy of such a policy in contemporary India. "What kind of useless policy is this? Javed vs State of Haryana needs reconsideration. The country has changed," Justice Narasimha remarked, referencing a 2003 Supreme Court ruling that upheld the two-child norm.
The court's comments came during proceedings challenging the disqualification of Mangala Bhimrao Ingle, a former sarpanch from Maharashtra, who was removed from office for having a third child. Ingle was disqualified under Section 14(1)(j-1) of the Maharashtra Village Panchayats Act, 1959. Both an additional collector and the Bombay High Court had previously upheld her disqualification.
Falling Fertility Rates Challenge Rationale
The Justices highlighted that India's total fertility rate (TFR) has dropped to approximately 1.7. They noted that states like Kerala and Tamil Nadu now exhibit fertility rates lower than several Scandinavian countries. The court questioned the logic of maintaining a population control measure when some states are experiencing declining birth rates.
"To perpetuate this policy to reduce population in the present situation could be completely unconstitutional," the court observed. Justice Narasimha added, "In your generation or my generation, it is a rarity to have three children. It is only one. This policy has lost its effect. It should immediately be withdrawn. Rival candidates use it as a weapon. We are concerned about this policy."
The court has appointed advocate Rukmini Bobde as an independent lawyer to assist in examining the broader demographic issues and to determine how many states still enforce similar disqualification clauses. Bobde has been tasked with investigating whether state legislatures have reconsidered these provisions in light of changing demographics, particularly focusing on urban versus rural fertility rates.
Next Steps in the Legal Challenge
The matter is scheduled for further hearing on July 28, when the court expects to receive more detailed information regarding the prevalence and impact of these policies across India. The petitioner, Mangala Bhimrao Ingle, was represented by counsel Pratik R. Bombarde.