Introduction
In administrative law, ultra vires means "beyond the powers."
When a delegated legislation or administrative act exceeds the
authority granted by its enabling statute, it is said to be ultra vires. This
doctrine ensures that public authorities do not act beyond their lawful
powers. Ultra vires is of two types—substantive and procedural.
Substantive Ultra Vires
Substantive ultra vires occurs when the content or nature of a
delegated legislation exceeds the limits set by the parent Act. This
means that the rule or regulation made is not authorized by the enabling
statute, or it violates constitutional or legal norms. For example, a rule
that imposes a fine when the parent Act does not provide for such a
penalty is substantively ultra vires. Such rules are invalid even if the
proper procedure was followed.
Procedural Ultra Vires
Procedural ultra vires arises when mandatory procedures
prescribed by the parent statute for enacting delegated legislation are
not followed. These procedures may include prior publication,
consultation, or laying the rules before the legislature. Even if the rule
itself is substantively valid, non-compliance with these procedural
safeguards renders it void. This ensures transparency, public
participation, and legislative oversight.
Circumstances Where Delegated Legislation is Invalid Due
to Substantive Ultra Vires
I. Exceeds the Scope of Enabling Act
If the delegated authority frames rules on subjects not covered by the
parent Act, the legislation is ultra vires. For instance, if the Act permits
regulation of transport, and rules are made to regulate education, it is
beyond scope and hence invalid. The rule must remain confined to the
powers expressly or impliedly granted by the Act.
II. Violates Fundamental Rights
Delegated legislation that infringes on any fundamental right under Part
III of the Constitution is invalid. For example, a rule restricting free
speech or equality without reasonable justification would be struck
down. Fundamental rights act as a superior check on delegated powers.
III. Unreasonable or Arbitrary Provisions
If the rules made are manifestly unjust, harsh, or irrational, courts may
declare them void. For example, excessive fees or disproportionately
burdensome conditions on licenses may be deemed unreasonable.
Reasonableness is a core test under substantive ultra vires.
IV. Contrary to the Parent Act
A rule cannot contradict or override the main statute. If a delegated
legislation creates confusion or goes against the express language or
intent of the enabling Act, it is deemed invalid. The subordinate rule
must complement—not conflict with—the parent law.
V. Penal Provisions Not Authorized
Only the parent Act can authorize the imposition of penalties. If
delegated legislation creates new offences or prescribes punishments
not sanctioned by the statute, it becomes ultra vires. Penal power must
be exercised strictly within legislative limits.
VI. Colorable Exercise of Power
If the rule is framed for an ulterior purpose or misuses the delegated
power, it is considered colorable legislation. Even if it appears valid on
the surface, courts may strike it down if the real intention is outside the
permitted purpose. This guards against abuse of authority.
VII. Encroachment on Legislative or Judicial Functions
Delegated legislation cannot assume the role of primary law-making or
judicial interpretation. If it seeks to amend laws or settle disputes
beyond its scope, it is ultra vires. Only the legislature can create
substantive law, and only courts can interpret it.
VIII. Lack of Guidelines in the Parent Act
If the enabling Act grants broad, unguided, and uncontrolled powers to
the delegate, any rule made under such vague authority can be struck
down. The parent statute must lay down adequate standards or policy
to guide the delegate. Otherwise, it risks being arbitrary and
unconstitutional.
Conclusion
The doctrine of ultra vires ensures that administrative and delegated
powers are exercised within legal and constitutional boundaries. While
delegated legislation is necessary for efficient governance, it must
comply with both substantive limits and procedural requirements.
Courts act as guardians to prevent excessive or arbitrary use of
delegated authority. Thus, ultra vires acts as a crucial safeguard for
maintaining the rule of law.
