Article 255 of the Indian Constitution: Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only

12/21/20232 min read

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person holding white samsung android smartphone

In the Indian Constitution, Article 255 deals with the requirements as to recommendations and previous sanctions, which are to be regarded as matters of procedure only. This article ensures that certain recommendations and sanctions are followed in the legislative process, but it also clarifies that these requirements are procedural in nature and do not affect the validity of any law.

Article 255 states that the recommendations and previous sanctions required under the Constitution shall be regarded as matters of procedure only. This means that while these recommendations and sanctions are necessary for the proper functioning of the legislative process, they do not have any bearing on the validity or legality of the laws enacted.

The purpose of including this provision in the Constitution is to ensure that the legislative process is carried out smoothly and efficiently. It provides a framework for the functioning of the legislature and helps maintain the integrity and transparency of the law-making process.

One of the key aspects of Article 255 is the requirement of recommendations. In certain cases, the Constitution specifies that certain recommendations must be made before a law can be enacted. These recommendations may come from various authorities or bodies, such as the President, the Governor, or other constitutional authorities.

For example, Article 255 may require that the President's recommendation be obtained before introducing a bill in Parliament. This ensures that the President, who is the head of state, has given his or her approval to the proposed legislation. Similarly, the Governor's recommendation may be required for the introduction of a bill in the state legislature.

Another important aspect of Article 255 is the requirement of previous sanctions. In some cases, the Constitution may stipulate that certain laws or actions require the previous sanction of a particular authority. This means that before a law can be enacted or an action can be taken, the approval of the specified authority must be obtained.

For instance, Article 255 may require the previous sanction of the President or the Governor for the prosecution of certain public servants. This ensures that the prosecution of public servants is carried out with due diligence and after obtaining the necessary approvals from the appropriate authorities.

It is important to note that while these recommendations and previous sanctions are necessary for the legislative process, they do not affect the validity of any law. Even if these requirements are not fulfilled, the law will still be considered valid and enforceable.

Article 255 clarifies that any failure to comply with the requirements as to recommendations and previous sanctions shall not affect the validity of any law. This provision is essential to prevent any legal challenges or disputes arising solely on the basis of procedural irregularities.

However, it is important to ensure that the legislative process follows the prescribed recommendations and obtains the necessary previous sanctions. This helps maintain the integrity and credibility of the law-making process and ensures that laws are enacted in accordance with the constitutional provisions.

In conclusion, Article 255 of the Indian Constitution establishes the requirements as to recommendations and previous sanctions in the legislative process. While these requirements are important for the smooth functioning of the legislature, they are regarded as matters of procedure only and do not affect the validity of any law. The inclusion of this provision ensures transparency and accountability in the law-making process, while also providing a framework for the functioning of the legislative bodies.