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

CoI

JavaScript did not load properly

Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.

Explanation using Example

Example 1:

Scenario: The State Legislature of Maharashtra passes a new law regarding the regulation of agricultural markets. According to the Constitution, this law requires the recommendation of the Governor before it can be introduced in the Legislature. However, the law is introduced and passed without the Governor's recommendation.

Application of Article 255: Despite the lack of the Governor's recommendation, the law is not invalidated because the President of India later gives assent to the law. According to Article 255, the requirement of the Governor's recommendation is considered a procedural matter, and the President's assent validates the law.

Example 2:

Scenario: The Parliament of India passes a law related to the distribution of water resources between states. This law requires the previous sanction of the President before it can be introduced. However, the law is introduced and passed without obtaining the President's previous sanction.

Application of Article 255: Even though the law was introduced without the President's previous sanction, it is not invalidated because the President later gives assent to the law. Article 255 ensures that the absence of the President's previous sanction is treated as a procedural issue, and the President's subsequent assent makes the law valid.

Example 3:

Scenario: The State Legislature of Tamil Nadu enacts a law concerning the regulation of public health services. The Constitution requires the recommendation of the Rajpramukh (a historical title for the head of a state) before such a law can be introduced. The law is introduced and passed without the Rajpramukh's recommendation.

Application of Article 255: Although the law was introduced without the Rajpramukh's recommendation, it is not invalidated because the President of India later gives assent to the law. Under Article 255, the requirement of the Rajpramukh's recommendation is considered a procedural matter, and the President's assent validates the law.

Update: Our AI tools are cooking — and they are almost ready to serve! Stay hungry — your invite to the table is coming soon.

Download Digital Bare Acts on mobile or tablet with "Kanoon Library" app

Kanoon Library Android App - Play Store LinkKanoon Library iOS App - App Store Link