Answer:

♤ The dissemination of results of Opinion Polls receives wide publicity and coverage in the print and electronic media and such dissemination, particularly on the eve of polls, has the potential to influence the electors when they are in the mental process of making up of their minds to vote or not to vote for a certain political party or a candidate esp. the ‘fence sitters’ or the ‘undecided voters’ which can tilt or change the election mandate substantially.

♤ Also, the rate at which the News Media are coming out with the Opinion Polls every alternate day just before the elections , puts a question mark on the ‘efficacy’ & the’ vested interest’ for which Opinion Polls are conducted

♤ It is being alleged that Opinion Polls, instead of concentrating on the issues of Governance have been reduced more as a tool to predict seats.

Thus due to the above stated reasons, there has been going on a debate whether to ban opinion polls completely or to impose reasonable restrictions.

Stand on the Opinion Polls:

♤ The Election Commission submitted a proposal in 2014 (after consulting political parties) to the government to amend the RPA, 1951, to legally ban opinion polls as they violate the Freedom of Speech & Expression with which elections should be held i.e. in free & fair manner.

♤ However the Govt.’s stand on the opinion polls is unambiguous & no concrete position has been taken as many political parties views have been vacillating & have not reached to a consensus whether to ban opinion polls completely or impose reasonable restrictions.

♤ The Supreme Court too, after its 2009 ruling, has given the liberty to the Election Commission to issue any directions / guidelines with regard to the dissemination of results of both the Exit Polls & Opinion Polls.

♤ Thus, Section 126 of RPA, allows EC to ban opinion polls just 48 hours prior to voting. However, there is no such ban on results publication by print media, hence newspapers often exploit this lacuna and circumvent ECI's directions with impunity.

Pros of imposing Reasonable Restrictions on Opinion Polls:

♤ There are issues of balance between rights of the print and electronic media and the rights of the electorate in the matter of exercise of their franchise in a free and fair manner, uninfluenced by any extraneous factors. In striking such balance, it would not be unreasonable and unfair to place certain reasonable restrictions on the Opinion Polls particularly on the unverified information.

♤ Calling for greater disclosure esp. pertaining to funding of such Polls will put a check on the Media Houses/Corporates who owns & funds majority of the Opinion Polls& will ensure they are not manipulated or misused by interested sections for a price in the form of ‘Paid News’.

♤ Some restrictions should be placed on the Opinion Polls so as to ensure more

transparency in methodology & sample size for more objective results.

Cons of imposing Reasonable Restrictions on Opinion Polls

Even though there is a need to put a check over the misuse as well as to balance the innate utility of the Opinion Polls, where on one hand, the Opinion polls bring ‘informed opinion’ to the Voters & help them to cast their vote objectively; to the Political Parties they provide the necessary feedback & aids in gauging the mood of the voters which can help them to change/adapt their campaigning issues. Therefore, the restrictions on the Opinion Polls should not be to such an extent where they violate their freedom of speech & expression.