Which of the following correctly reflects the legal implication of Article 255 regarding presidential or governor’s assent to bills?
- (a)State law is void without written Governor assent.
- (b)Mention of assent is mandatory for validity.
- (c)Omission of prior recommendation doesn't invalidate law if assent is given.
- (d)President’s assent must precede legislative passage to be valid.
Answer
Why
Correct — C. Article 255 makes recommendations and previous sanctions matters of procedure only.
No Act of Parliament or of a State Legislature is invalid merely because a recommendation or previous sanction the Constitution requires was not given, if assent was given by the right authority → option (c).
Governor's recommendation missing: assent by the Governor or the President cures it.
President's recommendation or sanction missing: the President's assent cures it.
Why the others are wrong
- (a)State law is void without written Governor assent. — Article 255 says nothing about written assent. Where the Governor's recommendation was required, it accepts assent from the Governor or the President, so the Governor's assent is not the sole cure.
- (b)Mention of assent is mandatory for validity. — Article 255 has no rule about mentioning assent in the Act. Its test is whether assent was actually given by the right authority, not whether the Act records it.
- (d)President’s assent must precede legislative passage to be valid. — Assent always comes after a bill is passed. What can be required before introduction is a recommendation or previous sanction, and even that lapse is cured by later assent.
Concept
Some bills need a recommendation or a previous sanction before they can be introduced.
A bill on the matters in Article 110(1)(a) to (f), such as taxes and borrowing, needs the President's recommendation under Article 117(1). A State bill restricting trade under Article 304(b) needs the President's previous sanction.
Article 255, the last article of the chapter on Union-State legislative relations, stops such a lapse from voiding the law once the proper authority assents.
Read the direction of the rule. Article 255 rescues a law that skipped a step and never adds a condition. The three wrong options each add one: written assent, a recorded mention of assent, or assent before passage.
Key facts
- Article 255 heading: requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.
- A missing Governor's recommendation is cured by assent from the Governor or the President.
- A missing President's recommendation or previous sanction is cured only by the President's assent.
- Article 255 closes Chapter I (Legislative Relations) of Part XI.
Study next
Common traps
- Reading Article 255 as a condition for validity: it removes one, making a missing recommendation harmless once assent is given.
- Confusing a recommendation, given before a bill is introduced, with assent, given after it is passed.
A Governor's recommendation of the kind Article 255 treats as procedure is asked at 12 Sep 2024, 12:30, GA Q.20 (keyed: a Money Bill in the State assembly needs the Governor's prior permission).
Related PYQs
No directly related past PYQ was found.