Restrict opinion polls: EC writes to govt again

Ahead of announcing the election schedule, the Election Commission (EC) had written to the Union law ministry pressing for action on its proposal that opinion polls be banned starting from the date of notification of elections till the completion of the last phase of polls to the Lok Sabha and state assemblies. But the government is in no mood to act in haste. Currently opinion polls are banned 48 hours prior to voting. A ban on opinion polls would require amendment to the Representation of the People Act.
EC in its letter to the legislative department’s secretary in the law ministry said, “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.” It further said, “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.”
A senior government official said that the matter has been referred to the Law Commission and that it is examining the issue of broader electoral reforms. He said, “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.”
The Law Commission headed by Justice A.P. Shah (Retd) will be submitting its recommendations on electoral reforms in April or May and the next government will be able to take a call on the issue. On February 12, law minister Kapil Sibal informed the Lok Sabha in writing that, “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.” He added, “On receipt of the report of the Law Commission on electoral reforms, the matter will be further examined in consultation with the stakeholders.”
Chief Election Commissioner V.S. Sampath during the course of announcing the poll schedule said that it is for Parliament to decide on opinion polls. He said, “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.”