The amendment made by the Representation of the People (Amendment) Act 58 of 1974) by adding Explanation (1) to Section 77 (1) could be justified as merely an attempt to restore the law as it had been understood to be previous to decision in AIR 1975 SC 308. (Per Beg. J.) (Para 496) Per Chandrachud. J. – The argument regarding the invalidity of the Representation of the People (Amendment) Act, 58 of 1974, and of the Election Laws (Amendment) Act, 1975 has no substance. (Para 692) It does not logically follow from the majority judgement in AIR 1973 SC 1461 that ordinary legislation must also answer the same test as a constitutional amendment. Ordinary laws have to answer two tests for their validity : (1) The law must be within the legislative competence of the legislature as defined and specified in Chapter I. Part XI of the Constitution and (2) it must not offend against the provisions of Article 13 (1) and (2) of the Constitution. ‘Basic Structure’, by the majority judgment, is not a part of the fundamental rights nor indeed a provision of the Constitution. The theory of basic structure is wholly out of place in matters relating to the validity of ordinary laws made under the Constitution. (Para 692) It is not paradoxical that the higher power should be subject to a limitation which will not operate upon a lower power. The two powers, though species of the same genus, operate in different fields and are therefore subject to different limitations. (Para 693) No objection can accordingly by taken to the constitutional validity of the two impugned Acts on the ground that they damage or destroy the basic structure. The power to pass these Acts could be exercised restrospectively as much as prospectively. (Para 694) (G) Representation of the People Act (1951) Ss. 77 83 (1) (b) and 123 (6) – Corrupt practice – Election expenses – Expenditure incurred or authorised – Test of – Allegations that the election expenses exceeded the limit of authorised expenditure – Evidence and proof. Per Ray. C.J. : – Allegations that election expenses are incurred or authorised by a candidate or his agent will have to be proved. Authorisation means acceptance of the responsibility. Authorisation must precede the expenditure. Authorisation means reimbursement by the candidate or election agent of the person who has been authorised. by the candidate or by the election agent of the candidate to spend or incur. In order to constitute authorisation the effect must be that the authority must carry with it the right of reimbursement. (Para 121)