which can be legally set up is only one of the consenting to active obtaining or procurement by an agent or by some other person who becomes, for the purposes of the specific aid given and consented to ordinarily prior to obtaining it as good as an agent employed by the candidate. (Para 406) Help rendered voluntarily by a Government servant without any attempt by the candidate concurred to ‘obtain’ or ‘procure’ does not constitute a ‘corrupt practice’ of the candidate whatever be the impropriety of it for the Government servant himself. A Government servant has a ‘private personality’ too. Ele. Petn. No. 5 of 1971, D/- 12-6-1975 (All). Reversed. (Para 443) (K) Representation of the People Act (1951), S. 79 (b) (as amended by Act 40 of 1975) – ‘Candidate’ – Amendment of definition retrospectively – Validity – Amendment is within powers of Parliament to legislate – (Constitution of India, Art. 327) – (Election Laws (Amendment) Act (40 of 1975), Ss. 7 and 10). Per Beg. J. : – The amendment of Section 79 (b) by Section 7 read with Section 10 of the Election laws (Amendment) Act 40 of 1975 is within the unquestionable powers of Parliament to legislate, either prospectively or retrospectively with regard to election matters. It can not be interpreted as an attack on free and fair elections. Courts cannot take upon themselves the task of laving down what electoral laws should be. The law makers, assembled in Parliament, are presumed to know and understand their business of making laws for the welfare and well being of the mass people of this country, for the protection of democracy and of free and fair election, in accordance with the needs of the democratic process, better than Courts know and understand these. It is only where a piece of legislation clearly infringes a constitutional provision or indubitably overrides a constitutional purpose or mandate or prohibition that Courts can interfere. (Para 462) (L) Representation of the People Act (1951), S. 123 (7) – Corrupt practice – Arrangements made by State Government for rostrums and loudspeakers in connection with election tour of the Prime Minister, the returned candidate, held was not a corrupt practice within S. 123 (7). Ele. Petn. No. 5 of 1971, D/- 12-6-1975 (All), Reversed. Per Beg. J. : – The State Government had acted in compliance with the instructions issued by the comptroller and Auditor General of India in 1958 read with Rule 71 (6) of what is known as the Blue Book. (Para 463) It would be extending the scope of Section 123 (7) too wide to hold that the facilities automatically provided by the State to the Prime Minister, by virtue of his or her office, are also struck by a provision directed against solicitation of official aid and assistance by candidates.