Today(6th September), The Supreme Court dismissed a PIL requesting an investigation into media houses for airing exit polls immediately after the Lok Sabha elections’ final phase. The bench, including Chief Justice DY Chandrachud, deemed the PIL to be politically motivated.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: Today(6th September), the Supreme Court of India dismissed a Public Interest Litigation (PIL) that sought an investigation against various media houses and their associates for broadcasting exit polls immediately following the conclusion of the final phase of the Lok Sabha elections. The petitioner claimed that these telecasts had a direct impact on the stock market, causing a crash that resulted in a massive financial loss to common investors. However, the Supreme Court deemed the petition as politically motivated and dismissed it.
A Clear Case of ‘Political Interest Litigation‘
The case was heard by a bench comprising Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra. The court was quick to dismiss the PIL, categorizing it as a politically motivated litigation, commonly referred to as “political interest litigation.”
Chief Justice Chandrachud made the court’s stance clear:
“The government is now in place. It’s time to move past election-related issues and focus on governance. The Election Commission will address any concerns, and we will not interfere in its operations. This is clearly a case of political interest litigation. Dismissed.”
Allegations of Media Influence on Stock Market Crash
The petition, filed by advocate BL Jain, sought an investigation into the alleged role of media houses and their associates for influencing the stock market through their telecasts of exit polls. It was claimed that the telecasts resulted in the share market soaring right after the exit polls but crashing when the actual election results were declared on June 4. According to the petitioner, this crash caused an enormous financial loss of Rs.31 lakh crore to common investors.
The plea stated that media houses had begun discussing and debating exit poll predictions immediately after the last phase of the election concluded on June 1. These discussions, the petitioner alleged, were designed to sway common investors into investing in the share market ahead of the official election results, which led to a sudden hike in the market. However, once the actual results were announced, the market plummeted, leading to significant financial losses.
“The stock market surged after the exit polls, but crashed when the actual results were announced.”
-noted the petition.
Impact on the Indian Economy and Global Reputation
Filed through advocate Varun Thakur, the petition argued that the Rs 31 lakh crore market crash would have long-term consequences on both the Indian economy and the country’s global standing. The plea highlighted that the drastic loss of wealth would not only impact domestic investors but also shake the global investor community’s confidence in India.
“The Rs. 31 lakh crore loss from the market crash will impact the overall Indian economy and India’s global reputation.”
-the petition stressed.
Concerns Over Media Bias and Manipulation
One of the central concerns raised by the petition was the alleged bias and prejudice displayed by media houses during the exit polls. The petitioner argued that the telecasts, especially when they aired political discussions and debates, had clear bias towards certain political parties, thereby manipulating the electoral process.
The petition stated-
“News, debates, and programs must not appear biased or prejudiced toward any political party. Unfortunately, uncontrolled and unregulated electronic media often operates commercially and is used by one political party against another.”
The petition also asserted that the prediction of exit polls by media outlets was in direct violation of Section 126A of the Representation of People Act, 1951, which prohibits the publishing of exit polls before the completion of all phases of an election. The guidelines dated April 2, 2024, issued by the Election Commission of India, further supported this claim, according to the petitioner.
Calls for an Investigation by Multiple Agencies
The petitioner sought a thorough investigation by several government agencies, including the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), Central Board of Direct Taxes (CBDT), Securities and Exchange Board of India (SEBI), and the Serious Fraud Investigation Office (SFIO). The plea called for probes into major media organizations, such as Axis My India, India Today Media Plex, Times Now, Independent News Service Private Ltd. (India TV), ABP News Pvt. Ltd., Republic Media Network, News National Network Pvt. Ltd., TV9 Bharatvarsh, and NDTV.
“The Parliament of India enacted the Representation of the People Act, 1951, to ensure free and fair elections and regulate the election process. However, media houses, in collusion with corporate entities, have begun manipulating election results through exit polls. This behavior undermines the principle of free and fair elections and interferes with the rule of law.”
-the petition contended.
Despite the claims put forth by the petitioner, the Supreme Court was firm in its decision to dismiss the PIL. The bench observed that the issue of exit poll telecasts and their potential influence on markets or elections should be left to the Election Commission of India to handle, rather than being subject to a judicial probe.
