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    Doctrine of Ultra Vires

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    Noama Khan
    The doctrine of ultra vires originated in company law to safeguard shareholder interests. It holds that any administrative action outside the scope of powers conferred by the legislature is invalid. The doctrine is now used to ensure administrative authorities do not exceed or abuse their legal powers. It recognizes two types of ultra vires acts: substantive, where authorities enact rules without parliamentary authorization; and procedural, when authorities fail to follow required statutory procedures. The doctrine serves as a measure of properly delegated legislation, authority, and adherence to procedural rules.

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    Doctrine of Ultra Vires

    Uploaded by

    Noama Khan
    71 views1 page
    The doctrine of ultra vires originated in company law to safeguard shareholder interests. It holds that any administrative action outside the scope of powers conferred by the legislature is invalid. The doctrine is now used to ensure administrative authorities do not exceed or abuse their legal powers. It recognizes two types of ultra vires acts: substantive, where authorities enact rules without parliamentary authorization; and procedural, when authorities fail to follow required statutory procedures. The doctrine serves as a measure of properly delegated legislation, authority, and adherence to procedural rules.

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    administrative law

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    Ultra Vires

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    The doctrine of ultra vires originated in company law to safeguard shareholder interests. It holds that any administrative action outside the scope of powers conferred by the legislature is invalid. The doctrine is now used to ensure administrative authorities do not exceed or abuse their legal powers. It recognizes two types of ultra vires acts: substantive, where authorities enact rules without parliamentary authorization; and procedural, when authorities fail to follow required statutory procedures. The doctrine serves as a measure of properly delegated legislation, authority, and adherence to procedural rules.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    71 views1 page

    Doctrine of Ultra Vires

    Uploaded by

    Noama Khan
    The doctrine of ultra vires originated in company law to safeguard shareholder interests. It holds that any administrative action outside the scope of powers conferred by the legislature is invalid. The doctrine is now used to ensure administrative authorities do not exceed or abuse their legal powers. It recognizes two types of ultra vires acts: substantive, where authorities enact rules without parliamentary authorization; and procedural, when authorities fail to follow required statutory procedures. The doctrine serves as a measure of properly delegated legislation, authority, and adherence to procedural rules.

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    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
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    Doctrine of Ultra Vires

    Introduction: The proposition that an administrative authority must act within the powers
    conferred upon it by the legislature may well be considered the foundation of Administrative
    Law. The primary purpose of administrative law, therefore, is to keep the powers of government
    within their legal bounds, so as to protect the citizens against their abuse. The juristic basis, on
    which courts exercise judicial review whenever there is an allegation of administrative
    authorities acting outside their conferred powers, is commonly referred to as the “doctrine of
    ultra vires”. ‘Ultra Vires’ is a Latin phrase which simply means “beyond powers” or “without
    powers”. However, the courts, with the view of curtailing abuse of power by administrative
    authorities and providing relief for the parties thereby affected, have developed ‘Ultra Vires’ as a
    firm doctrine of law, by extending and refining its scope to embrace various types of abuse of
    power committed by administrative authorities

    Doctrine of Ultra Vires: The doctrine of ultra vires is said to have originated in Company law as a
    means of safeguarding the interests of the shareholders of companies. Any action which was
    outside the purview of the objects clause was ultra vires and, therefore, invalid.

    The doctrine of ultra vires as used in Administrative law implies that discretionary powers
    must be exercised for the purpose for which they were granted. At the inception, the application
    of the doctrine was designed exclusively to ensure that administrative authorities do not exceed
    or abuse their legal powers. If they did so, the courts declared such acts ultra vires and
    therefore, invalid. Administrative power is generally derived from legislation. Legislation confers
    power on administrative authorities for specified purposes, sometimes, laying down the
    procedure to be followed in respect of exercise of such power. More often than not, this
    legislation stipulates the limits of such conferred power. If an administrative authority acts
    without power, in excess of power or abuses power, such act/s are liable to be rendered invalid
    on the ground of substantive ultra vires. When an administrative authority acts in contravention
    of mandatory rules stipulated in the legislation or does not comply with the principles of natural
    justice, such acts are liable to be rendered invalid on the ground of procedural ultra vires.

    Doctrine of ultra vires is in fact is a scale for the measurement of delegated legislation, its validity
    and the proper observance of procedure created by the said legislation. The doctrine is of two
    kinds:

    Substantive Ultra Vires: The situation where the executive authorities enact laws or rules, for
    which they are not authorized by the parliament.

    Procedural Ultra Vires: When the authorities fail to follow the procedural requirement
    prescribed by the statutes.

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