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VOL. I · EST. 11.2025 
SatyaDheesh
सत्याधीश
India's Ground Truth Record
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Supreme Court sets aside disqualification of Maharashtra Sarpanch barred for having three children

GS2Polity · Governance · IR· Vulnerable sections (SC/ST, minorities, disabled, elderly, children)· Prelims + Mains·

Demographic shifts and constitutional validity of family-size disqualifications: a GS2 Social Justice and Ethics case study.

Why in news

The Supreme Court set aside the disqualification of a Maharashtra Sarpanch barred for having three children, noting that two-child laws have lost relevance as India's TFR declined to 1.9.

Background

The Supreme Court referred the matter to a larger bench to reconsider the 2003 Javed v State of Haryana judgment. The court noted that India's Total Fertility Rate (TFR) has dropped from 3 in 2003 to 1.9 currently.

Facts for Prelims

  • FactIndia's current Total Fertility Rate (TFR) is 1.9.
  • FactThe 'replacement rate' for population stability is a fertility rate of 2.1.
  • PlaceMangala Bhimrao was a former Sarpanch of Kakoda Gram Panchayat in Maharashtra.
  • Act / BillThe Haryana Panchayati Raj Act, 1994, contained the provision disqualifying individuals with more than two living children.

Prelims practice question

What is the replacement rate required for population stability?

  1. (a)2.1
  2. (b)2.5
  3. (c)3.0
  4. (d)1.9
Show answer

Answer: (a) 2.1 — The note specifies that the replacement rate for population stability is a fertility rate of 2.1.

For Mains

Q. Critically examine the constitutional validity of laws disqualifying individuals from political representation based on family size in the context of declining fertility rates.

Dimensions to cover in your answer

  • Democratic representation: Exclusion of a class of citizens from political participation based on personal family choices.
  • Demographic shift: Impact of sub-replacement fertility on the dependency ratio and the proportion of the elderly population.
  • Legislative obsolescence: The need to review population-control laws that no longer align with current demographic realities.

Keywords: Total Fertility Rate · Replacement Rate · Political Representation · Demographic Transformation · Constitutional Validity

Read the full news →Report a mistake in this noteHow notes are madeSource: NDTV ↗Also: GS1 · Population, demography & migration

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