Supreme Court to Reconsider Ban on Contesting Elections for People with More Than Two Children

New Delhi | November 4, 2026

The Supreme Court has raised significant questions about laws that disqualify individuals from contesting elections if they have more than two children. The court observed that, amid India’s steadily declining birth rate, the relevance of such laws may need to be reconsidered.

A bench comprising Justice P.S. Narasimha and Justice Alok Aradhe noted that India’s Total Fertility Rate (TFR), which stood at 3 in 2003, has now declined to 1.9, below the replacement fertility rate of 2.1 considered necessary to maintain population levels.

The case concerns former Maharashtra village head (Sarpanch) Mangala Bhimrao Ingle, who was disqualified from her position following the birth of her third child. While granting relief in connection with her disqualification, the Supreme Court has referred the matter to a larger bench for reconsideration of its 2003 judgment in Javed v. State of Haryana.

Will people with more than two children now be allowed to contest elections?

It would be premature to say so at this stage. The Supreme Court has referred the matter to a larger bench to reconsider the constitutional validity of laws imposing a two-child limit.

Until a final verdict is delivered, the existing laws in the concerned states will remain in force.

The development could potentially bring significant changes to the eligibility criteria for candidates with more than two children contesting Panchayat and local body elections in the future.