Live Law
2025-08-28 10:02:24.0
CJI: how will you take the two other judgments where it is said that if the Governor does not take the option of proviso, the bill falls through?
Singhvi: Valluri and Rakmeshwar has nothing to do with that subject but it says that if the State does not sends it back, it falls through. One word is taken up to say...
J Nath: your argument is that he has to mandatorily send it back then why may is used?
Singhvi: may is meant that he, in a particular circumstance, wants to withhold assent and he may then send it back. This happens after you withhold assent.
J Nath: why complicate it with may and shall
Singhvi: may in proviso links to previous line-three options he has which may not arise in first and third, and in second, once you reach that option, there is no further option. Falls through happen when State may not spend it back...the may does not give him option that he never sends it back to State. Textually, the proviso has to be in 'shall' the moment he withholds assent.