Doctrine Of Ultra Vires In Administrative Law In India Pdf

The project would firstly elaborate upon the need for judicial control over delegated legislation after which it would discuss the doctrine of ultra vires.

Doctrine of ultra vires in administrative law in india pdf. There is a growing literature concerning the role of the ultra vires doctrine and its place within administrative law. Iii india historically it may be possible to trace the existence of and the application of administrative law to ancient india and to the concept. The doctrine in india puts emphasizes on its need to control and prevent malpractices of business in the companies undertaken by the directors or other members of the company. Grounds doctrine of ultra vires substantive ultra vires violation of fundamental rights conflict with enabling parent act or the constitution.

It states that the objects of a company as specified in its memorandum of association can be departed from only to the extent permitted by the act. The doctrine of ultra vires is produced by the constitutional principles of the rule of law the sovereignty of parliament and the independence of the judiciary. Indian case laws the doctrine of ultra vires is a fundamental rule of company law. Thereafter factors which make delegated legislation subject to judicial review would be.

On the other hand in india the doctrine of ultra vires is codified in the companies act 2013 under section 245 1 a b. 3 p a g e journal on contemporary issues of law jcil vol. 2 issue 7 human being5 thus in the case of sutton s hospital of the year despite the fact that the company had a separate existence in the eyes of law the doctrine of ultra vires did not apply. In india administrative law is basically principle based and judge made law drawn substantially from the constitutional law.

Otherwise the act of the agency will be quashed as ultra vires by the courts in the u s. To apply the doctrine of ultra vires the first question for the courts to decide is whether the provision in the act prescribing the procedure is mandatory or directory. If the administrative authority fails to follow required procedure prescribed by parent act or by the general rule it is known as procedural ultra vires. The doctrine of ultra vires and judicial review of administrative action.