Supreme Court Says Two-Child Election Penalties Have Lost Relevance

The Supreme Court on November 4, 2026 ruled that laws penalising candidates who have more than two children have lost their relevance because India's total fertility rate has fallen from 3 to 1.9, below the replacement level of 2.1.

A bench of Justice P.S. Narasimha and Justice Alok Aradhe said the original foundation of such provisions, the fear of overpopulation, has crumbled due to demographic changes over two decades. The court referred the 2003 judgment in Javed versus State of Haryana, which had upheld the Haryana Panchayati Raj Act provision, to a larger bench for reconsideration.

The case arose from a challenge by a former sarpanch in Maharashtra who was disqualified under the Maharashtra Village Panchayats Act after having a third child. The Bombay High Court had upheld the disqualification. The Supreme Court stayed proceedings against her and referred the broader constitutional question.

Justice Narasimha, writing the judgment, noted that even though India's population has not yet declined, a fertility rate below replacement will produce an older population with a smaller share of working-age people. The share of persons aged 60 and above has already risen from 8.3 percent in 2014 to 9.7 percent in 2024, with projections of nearly 15 percent by 2036.

The bench observed that continued application of the two-child rule excludes an entire class of citizens from political representation on grounds with little connection to their capacity to hold office. It also forces a choice between bearing children and democratic participation, affecting reproductive autonomy under Article 21 of the Constitution.

Several states maintain similar disqualification clauses for panchayat and municipal elections. The court's referral means the 2003 precedent remains in force until a larger bench decides otherwise. The judgment does not strike down any existing law immediately.

The decision comes as national fertility data show a consistent decline since the early 2000s. Government projections and National Family Health Survey figures confirm the drop below replacement. The court said failure to account for these changes risks serious consequences for the age structure of the population.