📜 Article 255 of the Indian Constitution
Title: Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only
Part XI – Relations Between the Union and the States
Chapter I – Legislative Powers
🔹 Text Summary of Article 255:
If a law needs a recommendation or previous sanction from the President or Governor (as required under the Constitution), but it is passed without it — it shall not be invalid just because that recommendation was not received before introduction of the bill.
As long as the final assent is given, the procedural lapse won't invalidate the law.
🧠 Key Concepts in Simple Terms:
| 🔍 Key Point | 📘 Explanation |
|---|---|
| ✅ Purpose | To treat recommendations/sanctions as procedural, not mandatory for the bill’s validity |
| 📜 Example Cases | – Bills that require President’s recommendation under Article 117 (money bill) |
| – Bills needing Governor’s prior recommendation under Article 207 | |
| ⚖️ Legal Standing | A law is not invalid merely because it lacked prior recommendation, if final assent is granted |
| 🛑 Without Assent? | If the final assent is not given, the law does not come into force |
🧪 Real-Life Application:
| 🧾 Scenario | ⚖️ Article 255 Impact |
|---|---|
| A bill requiring President's recommendation is introduced without it, but the President assents to the bill later | ✅ The law is valid |
| A State bill is passed without Governor’s required recommendation, but Governor gives final assent | ✅ The law is valid |
| A bill is introduced and passed without required recommendation, and no final assent is given | ❌ The bill has no legal force |
🧠 In Simple Words:
Article 255 protects laws from being struck down on technical grounds (like missing early-stage recommendations), as long as the required authority (President or Governor) ultimately approves the bill.
🔁 Related Articles:
| Article | Topic |
|---|---|
| 117 | Special provisions for financial bills (Union) |
| 207 | Similar provisions for financial bills (State) |
| 200-201 | Assent of Governor and President on State Bills |
Here is a 📊 Summary Chart of Article 255 along with related articles (117 & 207) that deal with recommendations and assent in legislative processes at the Union and State levels:
🏛️ Summary Chart: Article 255 with Article 117 & 207
| 🔢 Article | 📘 Title | 🏛️ Applies To | 🔄 Recommendation Required From | ✅ Key Point |
|---|---|---|---|---|
| 255 | Recommendations and sanctions – procedural only | Union & State Bills | President / Governor | If final assent is given, a bill isn't invalid just because prior recommendation was missing |
| 117 | Special provisions for Financial Bills (Union) | Parliament (Union) | President | Bills involving taxation, expenditure, or finance require President’s recommendation before introduction |
| 207 | Special provisions for Financial Bills (States) | State Legislature | Governor | State Finance Bills must be introduced with Governor’s recommendation |
🧠 When Does Article 255 Apply?
| 🧾 Situation | ⚖️ Effect (Article 255) |
|---|---|
| Bill introduced without required recommendation, but final assent given | ✅ Law is valid |
| Bill passed by legislature but no final assent (Governor or President) | ❌ Law is invalid |
| Recommendation was given late (after introduction) | ✅ Law is valid |
🧩 Important Notes:
-
Article 255 ensures procedural lapses (like missing prior recommendation) don’t invalidate a bill if assent is ultimately given.
-
Without final assent, the bill has no effect, even if passed by legislature.
-
Articles 117 and 207 define when such recommendations are necessary.
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