Article 255 of Constitution of India
Article 255 of Constitution of India deals with Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.
Original Text of Article 255 of Constitution of India
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.
Questions related to Article 255 of Constitution of India
Article 255 clarifies that certain laws made by Parliament or State Legislatures, which require the recommendation or previous sanction of the President or Governor, are still valid even if that recommendation was not obtained properly, as per the Constitution of India.
No, the recommendation or sanction is still required during the legislative process. But once a law is passed, its validity cannot be challenged solely because the recommendation was missing, as explained in Indian Kanoon.
Article 255 was added to avoid technical issues invalidating laws on procedural grounds, thus ensuring smooth governance and avoiding unnecessary litigation under the Articles of Indian Constitution.
No, once a law is passed by the Legislature, the absence of a proper recommendation or sanction cannot be the sole reason to declare the law invalid under the Indian Constitution, as clarified by Indian Kanoon cases.
You can visit Indian Kanoon to explore judgments, case laws, and constitutional interpretations related to Article 255 of the Indian Constitution for a better understanding of its practical applications.
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