The Supreme Court has questioned the constitutional validity of laws that disqualify individuals with more than two children from contesting Panchayat and other local body elections, observing that such policies may no longer be justified in light of India’s declining fertility rate.
The Bench of Justice PS Narasimha and Justice Alok Aradhe passed the order on a petition filed by former Kakoda Gram Panchayat Sarpanch Mangala Bhimrao, who was disqualified under Section 14(1)(j-1) of the Maharashtra Village Panchayat Act, 1959, after the birth of her third child. Introduced through an amendment that came into force on September 13, 2000, the provision bars persons with more than two children from contesting village panchayat elections.
During the hearing, Justice Narasimha orally observed that the Supreme Court’s 2003 decision in Javed v. State of Haryana, which upheld a similar provision under the Haryana Panchayati Raj Act, 1994, may require reconsideration. The Court noted that demographic realities have changed significantly since then and questioned whether such restrictions continue to serve a legitimate constitutional purpose in a country witnessing a steady decline in fertility rates.
Indicating its willingness to examine the broader constitutional issue, the Bench appointed Advocate Rukmini Bobde, appearing for the State of Maharashtra, as amicus curiae. The Court asked her to examine similar two-child disqualification laws in the seven States where such provisions remain in force. Justice Narasimha also requested the amicus to study an article published by The Economist on India’s declining fertility rate.
The court directed Advocate Pratik Bombarde, appearing for the petitioner, to conduct research on the issue. Both counsel have been asked to file compilations before the next hearing.
The case arises from a complaint filed before the Additional Collector alleging that Mangala Bhimrao had incurred disqualification after the birth of her third child. The Additional Collector accepted the complaint and declared her disqualified. Her appeal before the Additional Commissioner was dismissed, following which she approached the Bombay High Court.
By an order dated August 5, 2025, the High Court upheld the disqualification, observing that although the petitioner sought to dispute the birth certificate of her third child, the document clearly recorded the names of both parents and there was no material to discredit its authenticity.
Mangala thereafter approached the Supreme Court. Earlier on November 4, 2025, the Apex Court had stayed the operation of the Bombay High Court verdict.
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