Ultra vires doctrine and delegated legislation
🔵 1. Ultra Vires Doctrine
Meaning:
"Ultra Vires" is a Latin term meaning "beyond the powers."
The Ultra Vires Doctrine is a legal principle used to check whether a government authority, public body, or corporation has acted within the limits of the powers granted to it by law. If an authority acts beyond its legal powers, such action is declared ultra vires and is null and void.
Two Types of Ultra Vires:
| Type | Description |
|---|---|
| Substantive Ultra Vires | When the content or subject matter of the law or action is beyond legal powers. |
| Procedural Ultra Vires | When the procedure laid down by law is not followed, even if the action is within power. |
🔵 2. Delegated Legislation – Meaning and Explanation
Meaning:
Delegated Legislation is legislation made by a person or body other than the legislature, but with the legislature's authority.
Typically, Parliament passes an enabling Act (Parent Act) that delegates law-making power to a minister or authority.
Reasons for Delegated Legislation:
Complexity of modern governance
Technical matters best handled by experts
Saving parliamentary time
Flexibility in rule-making
Types of Delegated Legislation:
Statutory Instruments
Bye-laws
Orders-in-Council
Rules and Regulations by Government Departments
🔴 Connection Between Ultra Vires and Delegated Legislation
Delegated legislation must stay within the boundaries of the parent Act. If a rule or regulation goes beyond those powers, it is considered ultra vires and can be struck down by courts.
🔷 Important Case Laws with Detailed Explanation
✅ 1. A.K. Gopalan v. State of Madras (AIR 1950 SC 27) – India
Issue: Preventive detention law under the Preventive Detention Act, 1950 was challenged.
Held: The Supreme Court upheld the law within the powers of Parliament. However, it stated that any provision violating fundamental rights would be ultra vires.
📌 Importance: Asserted that constitutional limits cannot be crossed, even in delegated legislation. If Parliament can’t pass a law violating Fundamental Rights, neither can delegated authorities.
✅ 2. R v. Secretary of State for Social Services, ex parte Association of Metropolitan Authorities [1986] 1 All ER 164 (UK)
Facts: The Secretary of State issued a circular regarding payments under the National Insurance Act which had not been approved by Parliament.
Held: The circular was ultra vires because it had no statutory authority and bypassed Parliament.
📌 Importance: Highlights that even ministers cannot legislate without clear delegated authority.
✅ 3. Delhi Laws Act Case (AIR 1951 SC 332) – India
Issue: Whether Parliament could delegate law-making powers to the Executive.
Held: Parliament can delegate powers to some extent, but essential legislative functions (like defining rights and duties) must not be delegated.
📌 Importance: Set the constitutional limits of delegated legislation in India. Any action beyond those limits is ultra vires.
✅ 4. R v. Home Secretary, ex parte Fire Brigades Union [1995] 2 AC 513 (UK)
Facts: The Home Secretary decided to bring in a criminal injuries compensation scheme not authorized by Parliament.
Held: The new scheme was ultra vires as it contradicted the existing statutory framework.
📌 Importance: Shows executive overreach, and the court stepped in to maintain parliamentary supremacy.
✅ 5. Chintaman Rao v. State of Madhya Pradesh (AIR 1951 SC 118) – India
Facts: The state banned beedi production during agricultural seasons under a law.
Held: The law was unconstitutional and ultra vires because it infringed upon the right to carry on a profession under Article 19(1)(g).
📌 Importance: Even delegated legislation must comply with Fundamental Rights, or it becomes ultra vires.
✅ 6. Bimal Chandra Banerjee v. State of Madhya Pradesh (AIR 1971 SC 517)
Facts: The state government imposed a cess on forest produce under delegated authority.
Held: The government’s action was ultra vires because the cess was on non-specified items not covered by the parent Act.
📌 Importance: Substantive ultra vires – acting beyond the scope of the parent statute.
✅ 7. Municipal Corporation of Delhi v. Birla Cotton Spinning and Weaving Mills (AIR 1968 SC 1232)
Facts: The corporation imposed a tax under a delegated power but without following proper procedure.
Held: The tax was procedurally ultra vires because it lacked public notice and consultation as required.
📌 Importance: Emphasizes procedural ultra vires — not following statutory requirements invalidates the act.
✅ 8. H.W. Wade's Principle in Administrative Law (Academic Insight)
According to H.W. Wade, a leading jurist on Administrative Law, any delegated authority that oversteps the express or implied limitations of its enabling statute is ultra vires and subject to judicial review.
📌 Importance: This academic principle is often cited in judicial reasoning.
✅ Summary Table of Key Cases
| Case | Country | Type of Ultra Vires | Principle Established |
|---|---|---|---|
| Delhi Laws Act Case | India | Substantive | Limits on legislative delegation |
| Chintaman Rao | India | Substantive | Must respect Fundamental Rights |
| Fire Brigades Union | UK | Substantive | Cannot override Parliament |
| Bimal Chandra Banerjee | India | Substantive | Must follow scope of statute |
| Birla Cotton Mills Case | India | Procedural | Follow required procedures |
| Ex parte AMA | UK | Substantive | No authority = Ultra vires |
🔍 Conclusion
Delegated Legislation is necessary but must operate within the limits of the parent law.
The Ultra Vires Doctrine is a powerful judicial tool to check the abuse of delegated powers.
Courts across jurisdictions have consistently invalidated laws and rules that go beyond delegated authority or violate fundamental legal principles.
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