Govt accepts AG's opinion, ball back in EC's court Friday, April 9 2004 18:57 Hrs (IST)
New Delhi:
The Centre today (Apr 9, 2004) "endorsed" the opinion of the Attorney General (AG) negating a proposal to ban exit and opinion polls through an Ordinance and told the Election Commission (EC) to take appropriate steps.
Within hours of receiving the opinion from Attorney General Soli J Sorabjee, the Law Ministry forwarded it to the Election Commission suggesting that it could take the regulatory measures regarding the exit and opinion polls under Article 324 of the Constitution.
"The Government has accepted the opinion given by the Attorney General who while expressing against a total ban on the exit/opinion polls has suggested some regulatory measures," Law Minister Arun Jaitley told reporters.
The AG took note of the consensus among the political parties to ban opinion and exit polls during the election period, but reiterated that it did not make the view legal as such a ban would hit at the roots of the Fundamental Right to free speech and expression guaranteed under Article 19(1)(a) of the Constitution.
In a covering letter to the AG's opinion, Legislative Secretary T K Vishwanathan informed the Chief Election Commission T S Krishnamurthy about the acceptance of the AG's opinion by the Law Ministry.
It also informed the Commission that it could take suitable measures for regulation of the exit/opinion polls within the inherent powers as suggested by the AG by exercising the powers conferred on it under Article 324 of the Constitution.