Ordinance to ban: free EC toes all-party line

Giving in to the chorus of all political parties, the Election Commission, in a hurry to enforce the ban on opinion and exit polls, today se...

Giving in to the chorus of all political parties, the Election Commission, in a hurry to enforce the ban on opinion and exit polls, today sent off a letter to the Law Ministry recommending that the government bring an amendment to the Representation of People’s Act through an extraordinary ordinance.

Asked about the propriety of such a measure given that the Lok Sabha has been dissolved, an EC official said: ‘‘It is unanimous recommendation of the political parties — all of them are agreeable.’’

Since Parliament has been dissolved, if the government is keen to empower the EC to enforce to ban opinion and exit polls being carried by the print/electronic media reflecting the voters’ mood during the election, the option is to bring an ordinance, sources in the government explained. The government is the custodian of the RP Act, but finally Parliament has to amend the Act.

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Asked whether the government could take such an unusual step before going into the elections, the sources in the Commission said, ‘‘It is unanimous recommendation of the political parties — all of them are agreeable.’’

The EC was forced to beat a retreat before the last Lok Sabha elections when the SC expressed serious doubts about the constitutional validity of its ‘‘guidelines’’ which imposed a ban on opinion and exit polls.

The EC was unable to explain how it would enforce any restriction on the media in the absence of any statutory sanction.

Cornered by the judges, the EC, in fact, withdrew its guidelines on September 14, 1999, even while the election process was on. So there were no restrictions on opinion and exit polls during the last Lok Sabha elections in September-October ’99.

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But in the earlier election in Feb-March 1998, the EC for the first and only time had its way. Media organisations had challenged the EC then as well but the SC on that occasion posted the matter for regular hearing only after the poll date.

The EC is said to have suggested that bringing in an ordinance in the absence of a Parliament-in-session is one of the few options before it to enforce the political consensus on the matter.

The parties, showing unusual unity, suggested that opinion and exit polls be banned after notification of the election and before the last phase of the polling respectively.

Admitting that the Commission has written to the Law Secretary, officials in the EC said, ‘‘The Constitution allows the government to bring in an ordinance on a crucial issue, when Parliament is not in session and to handle an unforeseen situation.’’