Part XI - Union-State Relations • Article

Article 255 Simplified: Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only

Article 255 establishes that a law passed by Parliament or a State Legislature cannot be declared invalid solely because a required prior recommendation or sanction (such as the Governor's or President's recommendation) was missed, provided the law subsequently received the final assent of the Governor or President.

Official Text

No Act of Parliament or of the Legislature of a State ***, and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given— (a) where the recommendation required was that of the Governor, either by the Governor or by the President; (b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President; (c) where the recommendation or previous sanction required was that of the President, by the President. C HAPTER II.—A DMINISTRATIVE R ELATIONS General

Simple Meaning

Explain Like Ten

Sometimes a law needs a pre-approval from the President or Governor before it is debated. If they forgot to get this pre-approval but the President or Governor signed and approved the final law anyway, the law is still fully valid.

Student Mode

Article 255 is a saving clause that treats the requirement of previous recommendation or sanction of the President or Governor as a matter of procedure only. If a bill is passed without such prior recommendation, it cannot be declared invalid if it eventually received the required assent (from the Governor or President, depending on the case). This prevents procedural technicalities from undermining completed legislation.

Example

If a state tax bill requiring the Governor's prior recommendation is accidentally introduced without it, but is passed and the Governor subsequently signs it into law (giving assent), the procedural defect is cured under Article 255, and the law remains valid.

Key Takeaway

Article 255 prevents laws from being struck down over minor procedural omissions of prior recommendations, as long as final executive assent is obtained.

FAQs

What does Article 255 save a law from?

It saves a law from being declared unconstitutional or invalid solely due to the procedural defect of failing to get a prior executive recommendation.

Does final assent cure the lack of prior recommendation under Article 255?

Yes. If the President or Governor gives their final assent to the Act, the procedural lapse of not getting prior sanction is constitutionally cured.

Quiz

Under Article 255, the requirement of prior recommendation is treated as a matter of:

Answer: Procedure only

What cures the procedural defect of not obtaining a prior sanction under Article 255?

Answer: Subsequent assent of the Governor or President