Part XI: Relations Between the Union and the States

Article 255: Requirements as to Recommendations and Previous Sanctions

Original Article:

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.

Amendments:

The words and letters "specified in Part A or Part B of the First Schedule" were omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

Explanations:

Article 255 ensures that legislative processes in India are not unduly hampered by procedural lapses regarding recommendations or sanctions, provided final assent is granted by the appropriate authority, such as the Governor, Rajpramukh, or President. This flexibility safeguards governance and legislative continuity.

Clause-by-Clause Analysis:

Clause (a): Assent by the Governor or President - Ensures that laws requiring the Governor's recommendation remain valid if final assent is given by the Governor or President.

Clause (b): Assent by the Rajpramukh or President - Focuses on laws necessitating the Rajpramukh's recommendation, retaining validity with final assent.

Clause (c): Assent by the President - Highlights laws needing prior Presidential sanction, which stay effective upon Presidential assent.

Legislative History:

Originally proposed as Article 232 in the Draft Constitution, Article 255 was adopted on June 13, 1949, ensuring legislative procedural flexibility.

Historical Significance:

Article 255 reflects the framers' intention to prevent procedural oversights from invalidating legislation, thereby promoting efficient governance and legal adaptability.

Real-Life Examples:

• State Budget Approvals: Certain state budgets were validated post hoc due to final assent by the Governor or President.
• Reorganization of States in 1956: Laws bypassing Rajpramukh's recommendations were upheld through Presidential assent.

Debates and Deliberations:

Dr. B. R. Ambedkar and other members deliberated on ensuring procedural flexibility while preserving legislative integrity. Amendments to refine the article were adopted after thorough discussion.

References and Case Law:

• Karimbil Kunhikoman v. State of Kerala (1962)
• R.K. Garg v. Union of India (1981)
• State of Punjab v. Sat Pal Dang (1969)