(F) Representation of the People (Amendment Act 58 of 1974), Section 2 – Elections Laws (Amendment) Act 140 of 1975), Sections 7, 8 and 10 – Validity – Provisions of amending Acts held valid, (Constitution of India, Articles 31-B, 245 and 246) Per Rav. C.J. : – The constitutional validity of a statute depends entirely on the existence of the legislative power and the express provision in Article 13. A part from the limitation the legislature is not subject to any other prohibition. The amendments made to the 1951 Act by the amendment Acts, 1974 and 1975 are to give effect to certain views expressed by the Supreme Court in preference to certain views departed from or otherwise to clarify the original intention. It is within the powers of Parliament to frame laws with regard to elections. Parliament has power to enumerate and define election expenses. Parliament has power to lay down limits on election expenses. Parliament has power to state whether certain expenses can be included or may be excluded from election expenses. Parliament has power to adopt conclusive proof with regard to matters of appointment, resignation or termination of service. Parliament has power to state what can be considered to be office of profit. Parliament has power to state as to what will and what will not constitute corrupt practice. Parliament has power to enact what will be the ground for disqualification. Parliament has power to define "candidate." Parliament has power to state what symbols will be allotted to candidates at election. These are all legislative policies. (Para 137) The conclusive evidence or conclusive proof clause is an accepted legislative measure. Similarly, given retrospective effect to legislative amendment is accepted to be valid exercise of legislative power. (Para 138) The rendering of a judgement ineffective by changing the basis by legislative enactment is not encroachment of judicial power because the legislation is within the competence of the legislature. (Para 138) The contention that the amendment of the definition of ‘‘candidate’’ has damaged or destroyed basic structure is untenable. There is no basic structure or basic feature or basic framework with regard to the time when under the Election Laws a person is a candidate at the election. The word ‘‘candidate’’ in relation to various electoral offences shows that he must be a candidate at the time of the offence. Time is necessary for fixing the offences. (Para 141) There is no vice of delegation in the statutes. (Para 151) The contention that the Amendment Acts of 1974 and 1975 are subject to basic features or basic structure or basic frame-work fails on two grounds.

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