TNPSC Thervupettagam

Supreme Court on Two-Child Norm

November 13 , 2026 17 hrs 0 min 24 0
  • The Supreme Court questioned the relevance of laws penalising people for having more than two children, citing India’s declining fertility rate.
  • India’s Total Fertility Rate (TFR) has declined from 3 to 1.9, below the replacement fertility rate of 2.1.
  • The replacement rate of 2.1 is the average number of children per woman needed for one generation to replace itself.
  • The Court warned that falling fertility could lead to an ageing population and a decline in the share of the working population.
  • A Bench headed by Justice P.S. Narasimha observed that population-control laws could restrict political representation and reproductive autonomy under Article 21.
  • The Court referred the legal question on the continuation of the two-child norm as an eligibility condition for contesting elections to a larger Bench.
  • Current Case Name: Mangala Bhimrao Ingle v. The Additional Commissioner, Amravati Division and Ors.

 

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