J Datta: Pradeep Chandra Parija case judgment that the only situation when reference can directly be made by 2 to 5 is when 145 (3) is attracted. can we read this as fettering our power to decide?

Mehta: I am not saying Your lord ships are prevented. My point is a substantial question of law is involved relating to interpretation of the constitution and therefore we may consider whether it should be referred or not.