Barring candidates from elections for more than 2 children

November 7, 2026

Since independence, population growth has been considered a major problem in India. For decades, China was the world’s most populous country. Every fifth person in the world was identified as Chinese, and every seventh as Indian. However, India currently has the world’s largest population. Our country’s population has surpassed China’s, at 1.46 billion. China now ranks second.

The reason is that with the spread of materialism, China’s fertility rate declined, leaving it behind India. India also adopted bold population control slogans, chief among them “Hum Do Hamare Do.” One of the steps taken to control population was to bar those with more than two children from contesting elections. Many states have even implemented laws in local body elections, prohibiting parents with more than two children. However, seven states later lifted this ban, while it remains in effect in six.

Fifteen states never implemented it at all. The Supreme Court has delivered a significant decision while hearing the petition of Maharashtra Sarpanch Mangala Bhimrao, who was disqualified under Section 14(1)J(1) of the Gram Panchayat Act. A bench of Justices P.S. Narasimha and Alok Aradhe stayed the proceedings against Mangala, stating that the rules prohibiting people with more than two children from contesting elections are now irrelevant. The declining fertility rate in the country has alleviated the fear of overpopulation. The court stated that there is no logical connection between the ability to serve the people and the number of children.

Such laws force individuals to choose between having children and democratic participation. In our view, India’s population structure has changed over time. The decline in the fertility rate reflects this fact. If the decline in the fertility rate remains the same or increases, it could result in a growing elderly population and a decline in the working age population. Similarly, China and Japan are also currently known as countries of the elderly. While the number of healthy elderly people in the country is increasing, it’s not a bad thing, but the number of young working people decreasing could be a cause for concern