New Delhi, Apr 09: Endorsing Attorney General Soli J Sorabjee's opinion that a ban on opinion and exit polls by an ordinance would be "unconstitutional", the Centre today threw the ball back in the Election Commission's court asking it to take some regulatory steps suggested by him. Hours after receiving the opinion from the AG on the ordinance proposed by EC, the law ministry accepted in toto the AG's opinion and forwarded it to the Commission.

"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 said. The ministry, in its letter, said it was for the commission to take the regulatory measures regarding the exit and opinion polls under Article 324 of the Constitution.

Sorabjee strongly came in favour of upholding the fundamental right to free speech guaranteed under Article 19(1)(a) of the constitution and said the proposed ordinance would hit at the root of that right. Taking note of the unanimous opinion of political parties in favour of such a ban on opinion and exit polls, the attorney general said "regard must be paid to the unanimous view of political parties but their view is not decisive on the question of constitutionality of a statute."

Bureau Report