Ultra Vires

Ultra vires is a fundamental doctrine in Indian constitutional and administrative law. An action is ultra vires when it exceeds the scope of authority conferred by statute, constitution, or other governing instrument. Such actions are void ab initio and have no legal effect. The doctrine serves as a crucial check on the exercise of delegated and statutory powers.

In constitutional law, a statute is ultra vires if it exceeds the legislative competence of the enacting legislature under the Seventh Schedule of the Constitution, or if it violates fundamental rights. Subordinate legislation (rules, regulations, bye-laws) can be challenged as ultra vires if it exceeds the scope of the parent statute or contravenes the parent Act's provisions.

In administrative law, ultra vires is a primary ground for judicial review. Administrative actions can be ultra vires for several reasons: acting without jurisdiction, failing to follow mandatory procedures, acting in excess of delegated authority, or exercising discretion contrary to the purpose for which it was granted. Indian courts have developed both substantive and procedural ultra vires doctrines to control administrative excess.