Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only

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

Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.—No Act of Parliament or of the Legislature of a State 1***, 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. CHAPTER II.—ADMINISTRATIVE RELATIONS General

Plain English Summary

This article states that if a law passed by Parliament or a State Legislature is valid and has received assent, it cannot be invalidated just because some recommendation or prior permission (sanction) required by the Constitution was missing. This rule applies specifically when the requirement for such a recommendation or sanction comes from the Governor, the Rajpramukh, or the President.

Key Points

A law cannot be invalidated solely because a required recommendation or previous sanction was not obtained.
This protection applies if the Act has already received assent (approval).
The rule covers requirements related to recommendations from the Governor, Rajpramukh, or President.
These requirements are treated as matters of procedure only, not grounds for invalidity of the law itself.

Why It Matters

This ensures that legislative processes can proceed smoothly and prevents minor procedural omissions from overturning enacted laws, promoting stability in governance.

Landmark Judgements

No major landmark judgements.