RESTRICT OPENION POLLS

The Election Commission has pressed the Law Ministry to take a call on "restricting" opinion polls by writing to it just days before the Lok Sabha polls were announced, but the government seems to be in no hurry to take a decision on the issue. In a letter addressed to Secretary Legislative Department in the Law Ministry last week, the EC referred to its proposal to amend the law for restricting publication of results of opinion polls and lamented that no action has been taken so far. "It may be recalled that the Commission had made a proposal to amend the law for restricting publishing the results of opinion polls. However, no action has been taken on the proposal which was initially made in 2004. "...in view of the issue raised in the complaint of the Indian National Congress, the Commission would like necessary action to be taken by the government on its above referred proposal," the poll panel has said. The government, however, seem to be in no hurry to take a call on the issue. It has referred the matter to the Law Commission which is already examining the broader issue of electoral reforms. "The Law Commission is already examining the issue of electoral reforms. Opinion polls are part of larger issue of electoral reforms. Therefore, the matter has been referred to it," a senior government functionary to PTI. Existing law allows EC to ban opinion polls just 48 hours prior to voting. The poll panel has proposed that there should be prohibition on publication and broadcast of the results of opinion polls starting from the date of notification of elections till the completion of the last phase of polls to the Lok Sabha and state assemblies. A ban on opinion polls could require amendment to the Representation of the People Act.
The ruling Congress had recently made a complaint to the EC on a sting operation carried out on some of the organisations engaged in conducting opinion polls. It had alleged that the organisations conducting opinion polls agreed to manipulate the results by tweaking the figures. The Law Commission headed by Justice (retd) A P Shah has said it will be able to give its report on electoral reforms in April or May, when the country will be in the middle of Lok Sabha elections. The next government at the Centre and the 16th Lok Sabha can now take a call on the recommendations of the panel which advises government on complex legal issues. On February 12, Law Minister Kapil Sibal informed the Lok Sabha that government will take a final call on banning opinion polls only after consulting "stakeholders" after the Law Commission submits its comprehensive report on electoral reforms. "The issue of electoral reforms in its entirety, which, inter alia, includes ban on opinion polls and advertisements in print media on the day of the polls, has been referred to the Law Commission for its recommendation. "...on receipt of the report of the Law Commission on electoral reforms, the matter will be further examined in consultation with the stakeholders," Sibal had informed the Lok Sabha in a written reply. Chief Election Commissioner V S Sampath yesterday said that it is for Parliament to decide on banning opinion polls. "We never hesitate to use powers that we can. However, the issue of opinion polls is to be dealt with by the lawmakers. They have the legislative competence," he had said. Prominent parties which sought a ban or restriction on opinion polls ahead of Lok Sabha elections include Congress, CPI-M, BSP, NCP, SP, AIADMK, DMK, JD-U, SAD and Shiv Sena. BJP, however, says there should be no ban as this would fall in the realm of a restriction on fundamental right of freedom of speech and expression.