Rajasthan Abolishes Two-Child Norm for Panchayat Elections

There is no direct conflict. The Supreme Court in Javed vs State of Haryana (2003) upheld the constitutional validity of the two-child norm for contesting panchayat elections, stating it was not discriminatory and served a legitimate state interest (population control). However, this judgment does not mandate states to have such a norm. States have the legislative power to introduce or repeal such provisions in their Panchayati Raj Acts. Rajasthan, by repealing its norm, is exercising its legislative discretion, not challenging the Supreme Court's ruling on its constitutional validity.

For Prelims, focus on these key facts:

• •The repealed law: Rajasthan Panchayati Raj (Second Amendment) Act, 2024.
• •The original norm was introduced in: 1995.
• •The number of candidates disqualified over 28 years: 42,000.
• •The Supreme Court case that upheld a similar norm: Javed vs State of Haryana (2003).
• •The 73rd and 74th Constitutional Amendment Acts are the basis for Panchayati Raj Institutions.

Rajasthan's decision to abolish the norm now is driven by a shift in policy priorities and recognition of its negative impacts. The government stated that the norm was discriminatory and led to the disqualification of many potential candidates (42,000 over 28 years), hindering broader participation in local governance. While population control remains a concern, the focus has shifted from coercive measures to more inclusive and voluntary family planning approaches. The repeal aims to foster more democratic and inclusive participation in Panchayati Raj Institutions, recognizing that such norms disproportionately affect marginalized sections and women.

The two-child norm was considered discriminatory because it disproportionately affected certain sections of society, particularly those with limited access to education or family planning resources, and often women. It led to:

• •Disqualification: Many eligible individuals, especially from rural and marginalized communities, were disqualified from contesting elections.
• •Gender Bias: It sometimes led to sex-selective abortions or abandonment of girl children to adhere to the norm, or men divorcing wives to qualify.
• •Reduced Representation: It restricted the pool of potential candidates, thereby limiting the democratic choice and representation in local bodies.
• •By repealing it, Rajasthan aims to remove these barriers, allowing a wider range of citizens to participate in elections, thus fostering more inclusive and representative local governance.

Abolishing the two-child norm has several implications:

• •Benefits:
• •Increased Participation: It will allow more individuals, especially from marginalized sections and women, to contest elections, enhancing democratic inclusivity.
• •Reduced Discrimination: Addresses concerns about the norm being discriminatory and leading to unethical practices like sex-selective abortions or divorces.
• •Broader Choice: Voters will have a wider pool of candidates to choose from, potentially leading to better representation.
• •Potential Drawbacks/Concerns:
• •Population Control: Some argue it might dilute the message of family planning and could indirectly impact population control efforts, though direct correlation is debated.
• •Resource Strain: A larger family size among elected representatives could, in theory, be seen as less aligned with sustainable resource management, though this is a weak argument.
• •Symbolic Impact: It removes a symbolic commitment to family planning that some states still uphold.
• •Overall, the move prioritizes democratic participation and inclusivity over a potentially coercive population control measure.

Yes, Rajasthan's decision is indeed part of a growing trend among Indian states to reconsider or repeal the two-child norm for contesting local body elections. States like Haryana have also moved towards its abolition. This trend signifies:

• •Shift in Governance Philosophy: A move away from punitive or coercive population control measures towards more rights-based and inclusive approaches to governance.
• •Emphasis on Inclusivity: A recognition of the importance of broader democratic participation and representation in Panchayati Raj Institutions, removing barriers that disproportionately affect certain groups.
• •Alignment with Democratic Principles: A re-evaluation of whether such norms truly serve democratic ideals or inadvertently restrict them.