Legislative powers and procedureState · Meghalaya

Section 41 of The Assam Reorganisation (Meghalaya) Act, 1969

Requirements as to sanction and recommendation to be regarded as matters of procedure only.

No Act of the Legislature of Meghalaya and no provision in any such Act shall be invalid by reason only that some recommendation or previous sanction required by the Constitution or this Act 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 or previous sanction required was that of the President, by the President.

Summary

This section ensures that laws are not made invalid just because a procedural recommendation was missed.
It covers situations where the 1969 Act or the Constitution required a previous sanction or recommendation.
A law remains valid if the final signature, known as assent, was given by the correct authority.
If the Governor's recommendation was needed, the law is fine as long as the Governor or President signed it.
If the President's recommendation or sanction was needed, the law is fine if the President signed it.

Practical examples

1In 1971, the Meghalaya Legislature passes a new tax law but forgets to get the formal recommendation from the Governor first. Because the Governor signs the final Act anyway, the tax law is still legally binding and cannot be challenged in court over this mistake.

2A bill regarding financial obligations is passed without a prior sanction from the President that was technically required. Since the President gives his assent to the final Act later that year, the law is considered perfectly valid.

FAQ

1. Can a law under the Assam Reorganisation (Meghalaya) Act, 1969 be cancelled because a recommendation was missing?

No, Section 41 states that a law cannot be declared invalid only because a required recommendation or sanction was not given, provided the proper final assent was received.

2. Who must give assent to a law if a Governor's recommendation was missed under Section 41?

For the law to be valid despite the missed recommendation, either the Governor or the President must have given their assent to the Act.

3. Does Section 41 of the Meghalaya Act protect laws that required the President's previous sanction?

Yes, if the President's sanction was required but not obtained, the law is still valid under Section 41 as long as the President gave the final assent.

Test yourself

1.Under Section 41 of The Assam Reorganisation (Meghalaya) Act, 1969, what happens if an Act is passed without a required recommendation but later receives proper assent?

2.Under Section 41 of the Meghalaya Reorganisation law, if a recommendation from the Governor was required but missed, who can give the final assent to save the law?

3.According to Section 41 of the 1969 Act, what is the status of a law that required the President's previous sanction but did not receive it before being passed?

4.Under Section 41 of The Assam Reorganisation (Meghalaya) Act, 1969, these missed requirements are strictly considered as what kind of matters?

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