The purpose or object of the conferment of the power must be borne in mind. All the conditions of the statute must be fulfilled.”. In Additional District Magistrate (Revenue) Delhi Administration v Siri Ram [36] the Delhi Land Revenue Rules 1962 made under the Delhi Land Revenue Act,1954, were declared ultra vires as being contrary to the Parent Act as well as another Act, by making the rules, the rule making authority had exceeded the power conferred on it by the Land Reforms Act 1954. If either of these two conditions is not fulfilled; the rule would be void. Disclaimer: This work has been submitted by a law student. The doctrine of ultra vires is the basic doctrine in administrative law. The legislature delegating its legislative power must lay down the legislative policy and guidelines regarding the exercise of tin delegated power by delegate. In Additional District Magistrate (Revenue) Delhi Administration v Siri Ram the Delhi Land Revenue Rules 1962 made under the Delhi Land Revenue Act,1954, were declared ultra vires as being contrary to the Parent Act as well as another Act, by making the rules, the rule making authority had exceeded the power conferred on it by the Land Reforms Act 1954. It refers to the scope, extent and range of power conferred by the parent statute to make delegated legislation. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Thus, to draw conclusion it can be said that if the subordinate or delegated legislation goes beyond the scope of authority concerned on the delegate or it is in conflict with the Parent or Enabling Act, it is called substantive ultra vires. The validity of the subordinate or delegated legislation may be challenged before the Courts on this ground. It cannot affect the rights and duties of any person. • In India, there is supremacy of the Constitution and therefore an act passed by the Legislature is required to be in conformity with the constitutional requirement and if it is found to be in violation of the constitutional provisions, the court declares it unconstitutional and void. The purpose or object of the conferment of the power must be borne in mind. to repeal or amend any corresponding law which was applicable to part ‘C’ state. In India, the test of reasonableness is applicable to delegated legislation, both on general principles of administrative law as well as under such fundamental rights as are guaranteed under Constitution of India. 2nd Aug 2019 Usually such clause contains the words ‘rules made shall have effect as If enacted or Included in the Act Itself or ‘rules made shall not be called in question in any Court.’ In England. If the subordinate legislative authority keeps within the scope and bounds of the power delegated, the delegated legislation is valid; but if it fails outside the scope of the power, the courts will declare it invalid. In the said case the Court held that the later part of clause 2 invalid because it authorized the administrative agency to repeal a law, which in the opinion of the Court, is an essential legislative action. Substantive Ultra-Vires. Do you have a 2:1 degree or higher? All the conditions of the statute must be fulfilled.”. Section 2 of the Ajmer Merwaha (Extension of Laws) Act, 1947 delegated the power to the Government to extend to the province of Ajmer-Merwaha any law in force in any other province with such modification and restriction as it may deem fit any enactment which was in force in any part ‘A’ state. Please sign in or register to post comments. The regulation authorized the Managing Director to extend the age of retirement to 45 years at his option if an air hostess was found medically fit. The rule was held to be In conflict with the aforesaid provision of the Parent Act. If the delegated legislation is made without following the mandatory procedure prescribed by the Enabling or Parent Act, It will be ultra vires the Enabling or Parent Act and, therefore, invalid. Learn more. Briefly stated, the principle is that the delegate cannot make a rule which is not authorized by the parent statute. a person could be dismissed by an authority subordinate to the authority who had appointed him while Section 95 of the Act provided that no person can be dismissed by an authority subordinate to the appointing authority. The regulation conferred on the Managing Director was unguided and uncontrolled discretion. Such subordinate or delegated legislation will be unconstitutional and void, though the Enabling or Parent Act is perfectly valid. Along with founding sources the recent developments in form of judicial pronouncement and case study has also been incorporated in this project. The purpose or object of the conferment of the power must be borne in mind. Implied limits of the Constitution are those laid down in In re Delhi Laws Act  case, namely the laying down policy and enacting that policy into a binding rule of conduct. The implied limit of the Constitution Is that essential legislative function entrusted to the legislature by the Constitution cannot be delegated by it. From article 246 and the seventh schedule, it becomes clear that the subjects have been divided into three categories – Union list, State list and Concurrent list. However in this field there is lack of development and there is no substantial change in the concept all though the changing nature of the current legislative method has widen the horizon of the power of the authority by giving them power to act according to the need of the time, even sometimes travelling beyond the restrictions. Enabling or Parent Act is unconstitutional: In India, there is supremacy of the Constitution and therefore an act passed by the Legislature is required to be in conformity with the constitutional requirement and if it is found to be in violation of the constitutional provisions, the court declares it unconstitutional and void. i.e. This means that once someone commits an ultra vires act, that act cannot retroactively be made valid. In Delhi Transport Undertaking v. B.R.I. The termination of service of an air hostess on pregnancy was unreasonable and arbitrary. When the delegated legislation is found to be in conflict with the procedure prescribed by the Enabling Act, it is held to be ultra vires the Enabling Act and, therefore, void. Art 150(1) of This is called exclusion clause. Explain the concept of substantive ultra vires. to repeal or amend any corresponding law which was applicable to part ‘C’ state. The delegation must not be unguided and uncontrolled. Municipalities Act. In this case, the Court has held that inspite of the exclusion clause, the delegated legislation can be reviewed by the Court and can be declared invalid If it is found ultra vires the Enabling or Parent Act. Section 7 of the Delhi Laws Act, 1972 delegated to the provincial government the power to extend to Delhi area with such restriction and modification any law in force in any part of British India. It is a mechanism to curb down the exploitation of power by the administrative authority as we all know that “power corrupts and absolute power corrupts absolutely”. Conferment of a rule making power by an Act does not enable the rule – making authority to make a rule which travels beyond the scope of the enabling Act or which is inconsistent therewith or repugnant thereto.” As the Supreme Court has emphasized in State of U.P v Renusagar Power Co [28] ., “if the exercise of power is in the nature of subordinate legislation, the exercise must conform to the provisions of the statute. In a case [10] the Supreme Court has made it clear that the essential legislative function which consists of the determination of the legislature policy cannot be delegated. According to article 13(2), the state shall not make any law which takes away or abridges the rights conferred by part III (i.e the Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void. Substantive ultra vires means that the rule making authority has no substantive power under the empowering act to make rules in question. Briefly stated, the principle is that the delegate cannot make a rule which is not authorized by the parent statute. According to Section 95 of the Act, no person can be dismissed by any authority subordinate to the authority who has appointed him. The present position is that inspite of such exclusion clause. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Briefly stated, the principle is that the delegate cannot make a rule which is not authorized by the parent statute.