May 09, 2018
It has been reported that the Supreme Court today while taking up a PIL dismissed the Petitioner’s plea of two-child policy in India. This is not the first time that the Apex Court has refused to entertain such a plea. In March this year the Supreme Court comprising of Justice Kurian Joseph had while dismissing the plea for two-child policy made a scathing attack on the Parliament for non-implementation of the Policy. While dismissing the PIL, The Court had remarked that as this is a Policy matter it is the Parliament’s duty to formulate the policy.
The PIL in the case had been instituted by Social activist and lawyer Ashwini Kumar Upadhyay. He also sought direction to the Government to ascertain the feasibility of implementing the recommendation of the National Commission on population control. The PIL in the case additionally sought direction to the Centre to make two-child policy a mandatory norm for contesting elections.
However, the Supreme Court out rightly rejected the Petitioner’s plea by remarking that it cannot compel the Election Commission to frame Rules and go into areas we ought not to.