Supreme Court says deference to election authorities does not bar review under Article 243ZA

21 October 2026

A Supreme Court bench of Justice Joymalya Bagchi and Justice V Mohana held on 21 October 2026 that constitutional courts ordinarily defer to election authorities, but that this deference does not bar judicial review when elections are threatened by violence or other unlawful means. The interim order is reported as 2026 LiveLaw (SC) 1075 in SLP(C) No. 37476/2026, in the matter of Yuvajana Sramika Rythu Congress Party v. State of Andhra Pradesh. The Court said the State Election Commission has a constitutional duty under Article 243ZA to conduct and supervise municipal elections in a free and fair manner, and that free and fair elections are part of the basic structure of the Constitution. It relied on Union Territory of Ladakh v. Jammu and Kashmir National Conference (2024) and Bharatiya Janata Party, West Bengal v. State of West Bengal (2018). The Court observed that instilling confidence in the election process is vital for the maintenance of constitutional democracy.