(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.