Following further review of the argument made in this post, the Eastern Cardano Council have agreed (7-0) that the 350 million ADA NCL Info action should be assessed based the constitution that was active when the governance action was submitted, which was the previous constitution.
As the previous constitution did not permit the Constitutional Committee to veto Info governance actions based on constitutionality, and the NCL Info action was approved by DReps, we have therefore determined that the NCL is active and can be used when assessing treasury withdrawal governance actions.
Note, this is a reversal of our previous position about whether the NCL is active, which was based on the current constitution. That decision was prior to the argument being made that we should be assessing the NCL Info action with the previous constitution.