Prelims: Current events of national and international importance | Polity
Why in News?
In a recent case, SC questioned the constitutional validity and contemporary relevance of state laws penalizing or disqualifying individuals with more than two children from contesting local body elections.
- The landmark case - Mangala Bhimrao Ingle v. The Additional Commissioner (2026).
- The Court formally referred its previous 2003 ruling in Javed v. State of Haryana.
- It upheld the validity of the two-child norm to a larger bench for immediate reconsideration, observing that “we cannot ride into the future on a horse that is dead”.
Key Highlights
- Demographic Shift - The Court pointed out that India’s foundational fear of runaway "overpopulation" that originally justified these restrictive laws has crumbled.
- India’s Total Fertility Rate (TFR) has dropped significantly from around 3.0 in 2003 to 1.9, falling well below the critical replacement level of 2.1.
- Infringement on Reproductive Autonomy (Article 21) - The bench emphasized that penalizing citizens by barring them from democratic participation forces an unconscionable choice between exercising reproductive freedom and participating in grassroots governance, directly violating Article 21.
- Disproportionate Burden on Women - The judgment highlighted that in a patriarchal framework, women bear the disproportionate brunt of these laws.
- It often facing severe consequences such as desertion, coerced sex-selective abortions (female foeticide), or lack of agency over family size.
- Legislative Arbitrariness & Inequality (Article 14) - The Court questioned the discriminatory nature of applying population-control disqualifications exclusively to local body/panchayat representatives while sparing state and national lawmakers (MLAs and MPs).
- States Enforcing Similar Norms- Maharashtra, Rajasthan, Odisha, Andhra Pradesh, Madhya Pradesh, Assam, Gujarat, Uttarakhand.
- Evolution of the Doctrine of Changed Circumstances - The Supreme Court noted a vital legal principle, a legislation that was valid and constitutional when enacted can become arbitrary, unconstitutional, and obsolete if the socio-economic and demographic foundations supporting it fundamentally shift over time.
Reference
The Hindu | Supreme Court judgment questions two-child norm
