Poll panel has to tread cautiously

 The Election commission of India (ECI) has observed that during the run up to any general election, Opinion Polls are often conducted — having the potential to influence the electors. However, ECI has no powers to ban such polls — it can only restrict or prohibit the exit polls or the polls that took place post Code of Conduct coming into force. 

Moreover, during 2014, prior to Lok Sabha elections, following recommendation from the Union Law Ministry, the ECI had reverted to the government saying that bringing a law or legislation would be a better idea to ban opinion polls, considering that exit polls are also restricted by law, it could follow similar procedure on opinion polls. 

“As per the existing law, we cannot impose any restriction or ban on the opinion polls. Yes, post Code of Conduct, no such surveys or polls are allowed,” Joint Chief Electoral Officer (CEO) Narayan Navti told HERALD. 

He said that in the run up of the elections, Opinion Polls are often conducted by different organisations and media houses. “The dissemination of such results of Opinion Polls receives wide publicity. Also it has the potential to influence the electors,” Navti said adding ‘exit polls have more impact than the opinion polls and hence exist polls are prohibited’. 

The Joint CEO, however, made it clear that neither ECI nor Goa election office has ever conducted any survey to study the implications or influences of such polls on the voters. “We have not gone into that aspect so far,” he stated. 

Asked whether there were or are any moves to restrict opinion polls, Navti said “no”. 

However, sources confirm that in the past, just before Lok Sabha election there were moves to ban the opinion polls by the then central government after most of the polls gave Narendra Modi led government a clean sweep with majority. 

“But ECI was clear that they cannot do so. Only the government can bring in a change through legislation just like how it is for exist polls,” sources stated. 

As in law, where there is a field not covered by any legislation, the ECI can use its power under Article 324 of the Constitution but at the same time under Article 77 they cannot. 

Under Article 77 of the Constitution, all executive actions of the Centre are taken in the name of the President. Article 324 gives the Election Commission power of superintendence, direction and control of conducting the elections.