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Published - November 04, 2026 11:59 am IST - NEW DELHI
A view of the Supreme Court of India in New Delhi. File | Photo Credit: Sushil Kumar Verma
The Supreme Court on Wednesday (November 4, 2026) held that laws penalising having more than two children have lost their relevance due to falling fertility rate.
“The foundation of such laws, that is the fear of overpopulation, has crumbled due to demographic changes in the past few decades,” a Bench headed by Justice P.S. Narasimha observed.
The Court noted that India’s total fertility rate has fallen from 3 to 1.9. A total rate of 2.1, known as the replacement rate, would allow one generation to completely replace itself. So even though India’s population is not yet declining, the total fertility rate falling below the replacement rate would soon result in a demographic transition to an older population, with a declining share of the working population.
“Therefore, laws limiting population growth have lost its relevance. If we fail to take note of such demographic changes, India will face serious consequences,” Justice Narasimha, who authored the judgment, observed.
The Division Bench has referred to a larger Bench the legal question whether adhering to the two-child norm or face penal consequences must continue to a larger Bench.
The Court was hearing a case concerning the legality of laws mandating two-child norm as an eligibility criterion for contesting in elections.
“Allowing such laws to stand excludes an entire class of citizens from political representation on grounds bearing little relevance to their capacity to hold public office. Further, it compels an unconscionable choice between bearing children and democratic participation, infringing upon the right to reproductive autonomy under Article 21,” the Court reasoned.
Published - November 04, 2026 11:59 am IST
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