Section 26 of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Requirements as to sanction, etc.
No Act of the Legislative Assembly, and no provision in any such Act, shall be invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given by the Lieutenant Governor, or, on being reserved by the Lieutenant Governor for the consideration of the President, by the President.
Summary
- An Act passed by the Delhi Legislative Assembly, or any provision within such an Act, will not be declared invalid solely because a required previous sanction or recommendation was missing.
- This protective rule only applies if the required final assent to the Act was eventually given.
- The final assent can be given by the Lieutenant Governor to make the law valid.
- If the bill was reserved for the President's consideration, the final assent can be given by the President to make the law valid.
Practical examples
FAQ
1. Can a Delhi law be invalidated solely because it lacked a required prior recommendation when introduced?
No, as long as the Act received final assent from either the Lieutenant Governor or the President, it cannot be declared invalid for lacking prior sanction or recommendation.
2. Who must give assent to save a law that lacked prior recommendation under Section 26?
The assent must be given either by the Lieutenant Governor, or by the President if the bill was reserved for the President's consideration.
Test yourself
Q1.Under Section 26 of The Government of National Capital Territory of Delhi Act, 1991, a Delhi law is protected from being declared invalid for lacking a required previous sanction or recommendation under what condition?
Q2.Under Section 26 of The Government of National Capital Territory of Delhi Act, 1991, if a bill requiring a prior recommendation was reserved for the consideration of the President, whose assent is required to save the resulting Act from invalidity?
Q3.Under Section 26 of The Government of National Capital Territory of Delhi Act, 1991, what is the legal consequence if a financial bill is passed without the previous recommendation of the Lieutenant Governor but later receives their assent?
Q4.Under Section 26 of The Government of National Capital Territory of Delhi Act, 1991, which of the following is true regarding the curing of a missing previous sanction or recommendation?