Pages

Saturday, November 9, 2013

Election Commission bans Exit Polls till December 4


The Election Commission has banned the publication and dissemination of exit polls of any kind in the five poll bound states from November 11 till December 4, when the Assembly elections are over.


Some unscrupulous elements are spreading misinformation that this ban on Exit Poll might be due to extraneous considerations such as influence of congress over ECI or ECI playing in the hands of UPA government. I feel that such allegations are completely baseless and unsubstantiated.


It is not the first time that ECI has put a ban on Exit Polls. It has done so many times.  In fact, putting a ban on Exit Polls in this elections is indispensable for conducting free and fair elections. It is because the present elections are going to be conducted in a phased manner.


The first phase of Chhattisgarh Elections will take place on 11th November. It is a well-established and a well-researched fact that the results of Exit Polls can motivate or demotivate the subsequent voters (if they are going to vote after a short period of time) in a significant manner. The probability of changing the decision for whom to vote increases significantly after watching an Exit Poll. If a prospective voter sees that the Exit Polls are predicting a huge victory for a political party for which he/she is not going to vote, then such prospective voter might get demotivated or demoralized or disheartened. This will affect his decision of voting for a particular candidate considerably. Some people might even decide not to vote at all after seeing their political party lose in Exit Polls of previous phase.


Candidates might even buy or sponsor the Exit Poll results. All the candidates are bound to disclose election-related expenditure that takes place during the elections. Any investment on Exit Polls will surely not become known to the election commission or the election officials. It will be a clear violation of law (Conduct of Election Rules, 1961 and RP Act). This is certainly not an encouraging practice and it certainly defiles and pollutes the sanctity and purity of the election process.


We all believe that “prevention is better than cure”.  This step of ECI aims to prevent such mishaps from taking place. At this juncture, it becomes imperative to talk about Article 324 of the Constitution of India. Article 324 states that the superintendence, direction and control of elections is to be vested in the Election Commission. Article 324 (1) unambiguously states that the superintendence, direction and control of the conduct of all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice President held under this Constitution shall be vested in the Election Commission.


In the case of Kanhiyalal Omar v. R.K. Trivedi & Ors.[1], the supreme court said that under article 324, the powers given to the Election Commission are very wide and the election commission can take all steps to ensure free and fair elections and to maintain the sanctity and purity of elections. Of course, this is subject to any legislation made under article 327 and 328. However, as of now, no such legislation on Exit Polls is present. Hence, the ban on Exit Polls by ECI is constitutional and a very welcome step for our democracy.




[1] AIR 1986 SC 111.

No comments:

Post a Comment