INTRODUCTION

The doctrine of ultra vires is the basic doctrine in administrative law. The doctrine envisages
that an authority can exercise only so much power as is conferred on it by law. An action of
the authority is intra vires when it falls within the limits of the power conferred on it but ultra
vires if it goes outside this limit1. The simple proposition that a public authority may not act
outside its powers (ultra vires) might fitly be called the central principle of administrative
law. The juristic basis of judicial review is the doctrine of ultra vires. To a large extent
the courts have developed the subject by extending and refining this principle, which has
many ramifications and which in some of its aspects attains a high degree of artificiality.2

When a power vested in a public authority is exceeded, acts done in excess of the power are
invalid as being ultra vires. The ultra vires doctrine serves to control those who exceed
the powers, which an Act has given. E.g., where a local council whose capacity to act and to
regulate private activities is derived from statute, acts outside the scope of that authority. In
many fields parliament has provided no right of appeal against administrative
decisions. Nonetheless the superior courts still exercise a supervisory jurisdiction on matters
such as limits of an authority's powers, which affect the legality of official decisions. In
exercising this jurisdiction, the courts take account of the principles of administrative law that
have developed from judicial decision, and also the specific legislation that applies to the
subject matter.

When a piece of delegated legislation is declared to be ultra vires it is void and becomes
unenforceable. It cannot affect the rights and duties of any person. The validity of a rule can
be challenged in a court either directly or collaterally, or by way of defence to a civil claim
based on the impugned rule, or as a defence in a prosecution for infringing the rule. A person
can challenge the validity of administrative action by challenging the validity of the relevant
rule. A person whose interest is affected adversely by a piece of delegated legislation can
directly challenge its vires in a court. The doctrine of ultra vires has two aspects: substantive
and procedural.

1
“Halsbury’s Laws of india
2
H.W.R. Wade & C.F. Forsyth, “Administrative Law”, 9TH edn, 2004, Oxford University Press, p. 35.