language or the use of, or appeal to religious symbols or the use of or appeal
to national symbols such as the national flag or the national emblem, for the
furtherance of the prospects of the election of that candidate or for
prejudicially affecting the election of any candidate.’’
It is the common case of the parties that the symbol of cow and calf was
allotted to the Congress party by the Election Commission. The learned
counsel for the respondent stated during the course of arguments in the High
Court that he confined his case only to the use of the symbol of cow and calf.
The learned counsel gave up that part of the case of the respondent wherein
it had been alleged that appeals were made to the religious symbol of cow and
calf by the appellant. The following proviso has now been inserted in clause
(3) of Section 123 by Section 8 of Act 40 of 1975:
‘‘Provided that no symbol allotted under this Act to a candidate shall be
deemed to be a religious symbol or a national symbol for the purposes of this
clause.’’
It is, therefore apparent in view of the above proviso that the symbol of
cow and calf which was allotted to the appellant shall not be deemed to be a
religious symbol or a national symbol for the purpose of Section 123(3) of the
RP Act. The appellant as such cannot be deemed to have committed a corrupt
practice under Section 123(2) of the RP Act by use of the symbol of cow and
calf.
226. In assailing the validity of Act 40 of 1975 Mr. Shanti Bhushan has
referred to Section 10 of that Act, according to which the amendments made
by Sections 6, 7 and 8 of the Act in the RP Act shall have retrospective
operation, so as to apply to any election held before the commencement of the
Act in respect of which an election petition is pending or in respect of which
appeal from any order of the High Court is pending immediately before the
commencement of Act 40 of 1975. It is urged that a change in the election law
with retrospective effect strikes at the principle of free and fair elections.
Retrospective operation of the amending Act, according to the learned
counsel, has the effect of condoning what was at the time it was committed a
corrupt practice.
227. I have given the matter my earnest consideration, and am of the
opinion that there is no substance in the above contention. A legislature has
except in a matter for which there is prohibition like the one contained in
Article 20 (1) of the Constitution the power to make laws which are
prospective in operation as well as laws which have retrospective operation.
There is no limitation on the power of the legislature in this respect.
Essentially it is a matter relating to the capacity and competence of the
legislature. Although most of the laws made by the legislature have a
prospective operation, occasions arise quite often when necessity is felt of
giving retrospective effect to a law. This holds good both in respect of a
principal Act as well as in respect of an amending Act. If the provisions of an
Act passed by the legislature are not violative of the provisions of the
Constitution, those provisions shall have to be given effect to and the fact
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