So, in the proviso as it originally stood, the Governor could send a Bill back with a message only when there was one House of the Legislature, but here in the new proviso even if there are, two Houses, the Assembly and the Council in a State, even then the Governor is given the power to return a Bill with his message. We have just now had a long discussion over the powers of the Legislative Council. The whole thing under the new proviso will come to this. Suppose a Bill is passed by the Assembly. It will go to the Upper House. It takes some time to be sent to the Upper House and then about two months in the Upper House. The Bill may be amended there. Thereafter the amended Bill comes back to the Assembly. The Assembly will then discuss it. A month may be taken over this. Then again it is sent back to the Council and there it will be considered again for about a month, so that on the whole it will be considered again for about a month, so that on the whole it will take about six months after it first becomes law. Now, power is given to the Governor to return the Bill with a message. No time limit is given; how long he will take to return the Bill is not mentioned. So, if this proviso is accepted, what it will mean is this: that any contentious legislation will again go to Assembly and then to Council and it may take another six months in all that and so the legislation may be held back, if the Governor is not inclined to help. I think that the original proviso is much better. In those provinces where there is only one House, where the safeguard of a Second chamber is not there. We may give the governor the power to return a Bill, but where there is already a Council where the Bill has been again discussed threadbare when every aspect of it has been examined thoroughly, the Governor should not have the power to send back a Bill. I think this is very reactionary and no quick legislation will be possible under this proviso. I therefore think that the original proviso to Article 175 is much better than the one which has now been moved. I completely disagree with my Friend, Mr. Brajeshwar Prasad, who seems to favour everything which gives power to the Governor and the Council. He wants that the Governor should have power to hold up any legislation.
