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Top court calls Senate election disparity 'unacceptable,' leaves fix to Diet

The Supreme Court's Grand Bench ruled the 2025 upper house election was in an unconstitutional state, pressing a parliament it says has stalled on correcting unequal vote weights.

By Newsroom1 min read
Top court calls Senate election disparity 'unacceptable,' leaves fix to Diet
Lawyer Masunaga Hidetoshi (center) at a press conference in Chiyoda, Tokyo, at 5:39 p.m. on November 11, 2026, after the Supreme Court ruled the vote disparity in last year's House of Councillors election to be in an "unconstitutional state. Asahi Shimbun (x)

The Supreme Court's Grand Bench ruled in a judgment on Wednesday that last year's upper house election was in an "unconstitutional state," pressing a parliament it says has been slow to correct the gap in the weight of votes between constituencies.

The 10-justice majority opinion said the imbalance in the value of votes "can no longer be overlooked," The Asahi Shimbun reported. It expressed strong dissatisfaction with the stagnation of debate in the Diet and demanded the disparity be corrected.

The court had already issued a warning in a judgment three years earlier. The Diet was handed the ball again, and the question now is how it will chart a path to improvement.

A warning repeated

The ruling left the election's validity intact while finding the disparity unconstitutional in state, the same conclusion the court reached three years ago. Five justices held the election constitutional.

“The imbalance in the value of votes can no longer be overlooked.”the majority opinion of 10 justices, Supreme Court Grand Bench

The disparity in the weight of votes between constituencies has widened as Japan's population shrinks and concentrates in Tokyo. The court's judgment adds to the pressure on the Diet to revisit how the upper house is elected.