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 .
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. 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.
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. 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.
