Article 255 of the Costitution of India with Case law
Article 255 of the Constitution of India
Title: Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only
Text of Article 255:
“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 or previous sanction required was that of the President, by the President; or
(b) where the recommendation or previous sanction required was that of the Governor, by the Governor.”
Explanation & Purpose:
Nature of Recommendations/Sanctions:
In many places, the Constitution requires prior recommendation or sanction of the President or Governor before a Bill can be introduced in the legislature.
Article 255 Clarifies:
Even if such recommendation or sanction was not obtained, the Bill or Act is not invalid—as long as the President or Governor eventually gives assent.
Why This Exists:
It treats such prior recommendation as a procedural formality rather than a substantive condition, to prevent laws from being struck down on mere technicalities.
Examples of Provisions Requiring Prior Recommendation:
Article 117(1): President’s recommendation for Money Bills.
Article 207: Governor’s recommendation for Money Bills in the State.
Article 304(b): State Bills affecting freedom of trade and commerce require President’s sanction.
Key Case Laws on Article 255:
⚖️ K.C. Gajapati Narayan Deo v. State of Orissa
AIR 1953 SC 375
Facts: Challenge based on absence of prior recommendation of the Governor for a certain Bill.
Held: Article 255 saved the law, because the Governor had eventually given assent, even though his prior sanction was not obtained.
Significance: This case clearly explains that assent cures the defect of not having prior recommendation.
⚖️ Ujagar Prints v. Union of India
1989 AIR 516, 1989 SCR (3) 529
Emphasized that procedural requirements like recommendations are directory, not mandatory, due to Article 255.
Reinforced the idea that laws should not be invalidated on technical or procedural grounds when assent has been properly granted.
⚖️ State of Bihar v. Bal Mukund Shah
AIR 2000 SC 1296
The Court held that even if the procedure for recommendation was flawed or missed, if assent was granted by the President or Governor, the law remains valid under Article 255.
Conclusion:
Article 255 plays a crucial curative and saving role in legislative processes. It ensures that minor procedural errors in obtaining the required recommendation or sanction do not invalidate an entire Act, provided final assent is duly granted.
This provision reflects the pragmatic spirit of the Constitution—ensuring substance prevails over form.
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