Singhvi: In A. 200, neither main clause or proviso... ... Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-5 : Live Updates

Singhvi: In A. 200, neither main clause or proviso leaves discretion for Governor...it may be stated conceptually, the structure provides for three options read with first proviso which tells the methodology and manner.

CJI: that's what is done by two judge bench, though we are not in appeal

Singhvi:in respect of the second option, it is entirely possible that the assembly wants to reconsider some options or put it on hold and in such situation can't be customised and in such situation the assembly can bind in aid and advice for the return. Similarly, State can decide that certain situation requires Presidential reference....certain provisions expressly requires presidential option-286, 304 etc.

Section 75, GOI Act 1935-two discretion in body and proviso. In draft constitution prepared, the word discretion was removed from main clause but retained in proviso-the Governor may in his discretion return-one possibility is it is bound by aid and advice.

It came to drafting committee, it retained in the proviso. Now, Dr Ambedkar consciously move amendment to remove discretion in the proviso as well.

Update: 2025-08-28 09:03 GMT

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