Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

SC Refuses to Issue Notice on Plea to Enforce Two-Child Policy

2 min read
Adoption Law Insider

Priyanka Singh

Published on: October 1, 2022 at 19:01 IST

The Supreme Court, on Friday, refused to issue notice to States in a petition which was filed by BJP leader Ashwini Upadhyay that sought a population control policy in India.

The bench comprising of Chief Justice UU Lalit and Justice JB Pardiwala questioned the enforceability of the proposed policy across the country and told the petitioner that it would only issue notice to the State when the Court itself is satisfied with the contentions and listed the matter for 11th October.

The Petitioner had submitted the issue of population control being a matter of concern, also falling under the concurrent list of Schedule VII of the Constitution of India, and that, the norm of the two-child policy must be applied across the nation while praying for the implementation of the National Commission to Review the Working of the Constitution’s (NCRWC) the 24th recommendation.

The CJI remarked that, “There are so many things which are idealistic in nature but at the same time when it comes before the court of law, the enforceability is one of the issues. How does one in force this kind of direction? What kind of mandamus to issue?”

The petitioner insisted that he was merely seeking the issuance of notice to the States for the limited period, which was refused by the CJI saying, “Look at the prayers that you made. You have filed a petition, notice was issued, and their attention has been invited; now it is for them to take a policy decision. Therefore we will close the petition now.

“We will not issue notice like this. There are umpteen number of problems. Human society will always have some kind of disputes, those disputes keep resolving. We cannot say that any society will have zero problems. There will always be problems. But every problem does not have a solution through Article 32.”