March 21, 2002

    The Election Commission of India has informed that taking cognizance of the views expressed by all the recognized National and State Political parties, it has issued guidelines on January 20, 1998, November 19, 1998, May 21, 1999 and August 20, 1999 in connection with the conduct of opinion polls and exit polls. These guidelines were challenged before some High Courts and also before the Supreme Court on the ground that the Commission had no authority to issue the same and that they were violative of the fundamental rights of the free speech and expression guaranteed by Article 19(1)(a) of the Constitution. A Constitution Bench of the Supreme Court, which heard the matter on September 14, 1999, expressed some reservations about the powers of the Commission to issue these guidelines. Thereupon, the Election Commission withdrew these guidelines on September 14, 1999.