Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only

Article 232, Draft Constitution of India (1948)

No Act of Parliament or of a Legislature of a State for the time being specified in Part I of the First Schedule and no provision in any such Act shall be invalid by reason only that some recommendation 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 President, by the President.

Article 255, Constitution of India, 1950

No Act of Parliament or of the Legislature of a State specified in Part A or Part B of the First Schedule, 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.

Draft Article 232 (Article 255) was discussed on 13 June 1949. The Draft Article stated that no law will be invalid only because certain procedural requirements under the Constitution weren’t fulfilled. It gave alternatives to fulfil such procedural sanctions.

(For instance, Article 274 requires the recommendation of the President for moving Bills affecting taxation in which States are interested. In case this procedure is not followed, the Act can still be valid, if the Presidents assents to it.)

There was no substantive debate on this Article and it was adopted on the same day.

Article 255 was further amended by the Constitution (Seventh Amendment) Act, 1956.