guidelines have been laid down as to what expenditure can be incurred or what facilities can be made, what acts or things can be done. Delegation cannot include the change of policy. Policy must be clearly laid down in the Act for carrying into effect the objectives of the legislation. The legislature must declare the policy. Any duty can be assigned any facility in connection with the election can be asked for by the party in power to be done for the candidate. The official duty opens a wide power of instructions to Government servants who may be asked to assist candidates by canvassing, influencing which will damage fair elections. 129. The device of conclusive proof which is introduced to add Explanation 3 to Section 123 (7) of the 1951 Act with regard to the date with effect from which the person ceased to be in service is said to be an encroachment on judicial power. 130. Section 8 (a) of the Amendment Act, 1975 which adds a proviso to Section 123 of the 1951 Act to the effect 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 is attacked as legalising religious symbols and thus offending secularism. 131. Section 10 of the Amendment Act, 1975 which enacts that the amendments shall have retrospective effect is challenged as retrospectively legalising a void election. These submissions are made. If this power is upheld there can be a legislative measure to avoid valid elections. The distinction between law abiding persons and lawless persons is eliminated. One person has not been given the opportunity of spending money at the time of election but the other is retrospectively given the advantage of spending in excess and thereafter of avoiding the effect of excess expenses by validation. 132. The contentions on behalf of the respondent that ordinary legislative measures are subject like Constitution amendments to the restrictions of not damaging or destroying basic structure or basic features are utterly unsound. It has to be appreciated at the threshold that the contention that legislative measures are subject to restrictions of the theory of basic structures or basic features is to equate legislative measures with Constitution amendment. The hierarchical structure of the legal order of a State is that the Constitution is the highest level within national law. The Constitution in the formal sense is a solemn document containing a set of legal norms which may be changed only when special prescriptions are observed. The purpose of special prescriptions is to render the change of these norms more difficult by regulating the manner and form of these amendments. The Constitution consists of those rules which regulate the creation of the general legal norms in particular, the creation of statues. It is because of the material Constitutional that there is a special form for constitutional law. If there is a constitutional form then constitution laws must be distinguished from ordinary laws. The material constitution may determine not only the organs and procedure of legislation, but also, to some degree the contents of future laws. The constitution can negatively determine that the laws must not have a certain content e.g. that the Parliament may not pass any statute which