The Hindu : Front Page : EC suggests ordinance to ban opinion polls

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Thursday, Apr 08, 2004

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EC suggests ordinance to ban opinion polls

By J. Venkatesan

NEW DELHI, APRIL 7. Backed by the consensus at an all-party meeting held yesterday that opinion polls should be banned from the date of notification of the election process, the Election Commission today wrote to the Centre to explore the possibility of bringing in the ban, if necessary by means of an ordinance.

Sources said that since all the parties were of the view that when a general election was held in different phases, the results of exit polls should also not be permitted to be published or telecast until the close of polling in the last phase of the election, the Commission was left with no alternative but to ask the Centre to enforce the ban before the first phase of polls on April 20.

Confirming the receipt of the communication from the Commission, Union Law Ministry sources said that "the Government is examining the matter."

Sources in the Commission said that initially it was thought that clarification could be sought from the Supreme Court, which in 1999 had held that the Commission had no power or authority under Article 324 of the Constitution to regulate or ban exit and opinion polls.

Law Ministry sources said that the Government was considering various options, including promulgation of an ordinance to enforce the ban.

However, the Government was also wary of the fact that the ban should not be construed as infringing on the freedom of speech and expression guaranteed under the Constitution. Therefore a balance had to be struck between press freedom and reasonable restrictions, the sources added.

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