"Every Problem Does Not Have A Solution Through Article 32": Supreme Court On Plea To Enforce "Two-Child Policy"

Supreme Court bench comprising Chief Justice UU Lalit and Justice JB Pardiwala, on Friday, refused to issue notice to States in a petition filed by BJP leader Ashwini Upadhyay seeking a policy for population control in India. The bench, while questioning the enforceability of the "two-child policy" across the nation remarked that it would only issue notice to States after it is satisfied by the petition itself. The matter is now listed for 11th October.

At the outset, petitioner Ashwini Upadhyay stated that since the issue of population control fell under the concurrent list, the Centre had indicated that States may also be included in the petition. Accordingly, Upadhyay urged the court to issue notice to States as well. While referring to population explosion as a national problem, he stated that the "two child policy" should be the norm across the country and prayed for the implementation of the 24th recommendation on population control made by the National Commission to Review the Working of the Constitution (NCRWC).

The CJI enquired how the enforcement of two child policy would be possible. He orally 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 limited prayer of issuing notice to States for now. However, the court stated that they could not issue notice unless they were satisfied. CJI Lalit stated–

"We are not convinced at all. What kind of order or mandamus is to be issued in the petition? Look at the prayers that you made. You have filed a petition, notice was issued, 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."

However, the petitioner insisted the bench to list the matter again so that he could prove how his prayers could be granted. The bench agreed to the same and listed the matter for 11th October.

Case Title: Ashwini Kumar Upadhyay v. Ministry of Health And Family Welfare And Anr. SLP(C) No. 27597/2019 

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