Actual Article
Article 255: 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 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) by the President, in the case of an Act of Parliament;
- (b) by the Governor, in the case of an Act of the Legislature of a State.
UPSC Notes for Article 255
Explanation:
- Procedural Validity: Article 255 ensures that an Act of Parliament or a State Legislature is not invalidated solely due to the absence of a required recommendation or previous sanction, provided the President (for Parliament) or the Governor (for State Legislature) has given assent to the Act.
- Assent Overrides Procedural Lapses: The article acknowledges that procedural lapses in obtaining recommendations or sanctions can be overlooked if the ultimate authority (President or Governor) has given their assent.
Key Points:
- Legislative Efficiency: This provision ensures that legislative processes are not hindered by procedural technicalities, allowing for the smooth passage of laws.
- Final Assent: The assent by the President or Governor acts as a validating factor, ensuring that the enacted law is legitimate despite procedural lapses.
- Flexibility: Article 255 provides flexibility in legislative procedures, recognizing that the final assent by the appropriate authority can rectify procedural oversights.
Important Cases and Commissions Related to Article 255
Cases:
- R. S. Joshi, Sales Tax Officer, Gujarat vs. Ajit Mills Ltd. (1977): The Supreme Court emphasized that procedural requirements are essential, but their absence does not invalidate an Act if the final assent has been given by the President or Governor.
Commissions:
- Sarkaria Commission: May have reviewed procedural requirements in legislative processes and recommended measures to streamline them without compromising legislative validity.
- Punchhi Commission: Examined the procedural aspects of legislative processes and suggested improvements to ensure efficiency and validity.
Important Reports Related to Article 255:
- Administrative Reforms Commission: Could have explored procedural aspects in legislative processes and suggested reforms for enhancing legislative efficiency and validity.
Previous Year Prelims Questions Related to Article 255
- (UPSC Prelims 2016) What ensures that an Act of Parliament is not invalidated due to the absence of a required recommendation or previous sanction according to Article 255?
- A. Approval by the Supreme Court
- B. Approval by the Parliament
- C. Assent by the President
- D. Assent by the Vice President Correct Answer: C. Assent by the President
- (UPSC Prelims 2018) In the case of an Act of the Legislature of a State, whose assent can validate the Act despite procedural lapses as per Article 255?
- A. The Chief Minister
- B. The Speaker of the Legislative Assembly
- C. The Governor
- D. The President Correct Answer: C. The Governor
Previous Year Mains Questions Related to Article 255
- Mains 2016: “Discuss the significance of Article 255 in ensuring the validity of legislative acts. How does it contribute to legislative efficiency and flexibility?”
- Mains 2019: “Evaluate the role of the President’s and Governor’s assent in validating legislative acts under Article 255. How does this provision impact the legislative process?”
Additional Insights:
- Ensuring Legislative Continuity: Article 255 plays a crucial role in ensuring legislative continuity and avoiding invalidation of laws due to procedural technicalities, thereby maintaining the effectiveness of the legislative process.
- Role of Executive Assent: The final assent by the President or Governor serves as a critical checkpoint, ensuring that the enacted laws are validated even if there were procedural lapses during the legislative process.
Understanding Article 255 is crucial for UPSC aspirants as it provides insights into the procedural aspects of legislative processes and the role of executive assent in validating legislative acts. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms that ensure legislative efficiency and validity within the Indian Constitution.