We can intervene if free, fair elections are polluted: SC
What's the story
The Supreme Court has said that while constitutional courts usually don't interfere with the election process, they can step in if free and fair elections are compromised by unconstitutional or illegal means. The observation was made while granting interim relief to the Yuvajana Sramika Rythu Congress Party (YSRCP), Andhra Pradesh's main opposition party. The YSRCP had alleged its candidates were prevented from filing nominations for Urban Local Body elections due to violence and lawlessness.
Court directive
YSRCP alleged nearly 2/3rds of its candidates couldn't file nominations
A bench of Justice Joymalya Bagchi and Justice V Mohana observed that the party had made out a prima facie case warranting directions to protect the integrity of the nomination process.
It directed the Andhra Pradesh State Election Commission (SEC) to consider the YSRCP's request for an extension of the nomination deadline.
The court also asked the SEC to postpone publishing the final list of candidates from October 21 to October 23.
High court rejection
YSRCP approached Supreme Court after High Court rejected plea
The YSRCP alleged that nearly two-thirds of its candidates couldn't file nominations due to violence and obstruction.
The party had first approached the Andhra Pradesh High Court, seeking anticipatory measures amid fears of violence. However, its plea was rejected on October 15.
The party then sought an extension of the nomination deadline, arguing physical violence prevented its candidates from reaching nomination centers.
This request was also turned down by the High Court, prompting it to approach the Supreme Court.
Election integrity
Right to participate in elections crucial, says court
Today, the Supreme Court acknowledged the principle of judicial deference to the SEC but stressed that this does not completely exclude judicial review when election fairness is at stake.
It said the right to participate in such elections by filing nominations is crucial.
The bench observed that "the custodian of constitutional values is the constitutional courts," adding that their power of judicial review can't be muted if there's a prima facie possibility of election process prejudice.
SC
Free, fair election basic structure of the Constitution
It said free and fair election is a basic structure of the Constitution and the right to participate in such elections by filing nominations "is a facet of free and fair election process."
"While it is the Constitutional mandate to vest the State Election Commission with the duty of conducting and supervising such elections... the power of the Constitutional courts to exercise judicial review in furtherance of the election process cannot be said to be wholly nugatory...." it said.