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Supreme Court's Power to Strike Down Legislation as Ultra Vires - The Court can declare legislation ultra vires if it exceeds legislative competence, violates constitutional provisions, or is manifestly arbitrary. For instance, in ["Khem Chand VS State of Rajasthan - Rajasthan"], the Court struck down Sub-section (2) of Section 6 of a particular Act as ultra vires and unconstitutional, emphasizing that legislation must conform to constitutional limits. Similarly, ["Kedar Nath Anant S/o Soukhi Lal Anant VS State Of Chhattisgarh - Chhattisgarh"] affirms that legislation enacted beyond the legislative competence is ultra vires, and such laws can be declared invalid if they are arbitrary or conflict with constitutional articles like 14 and 16.
Ultra Vires Doctrine and Its Application - The doctrine involves assessing whether a law or delegated legislation exceeds the authority granted by the parent Act or the Constitution. For example, ["Sudarshan V. Biradar, S/o. Veerashetty VS State of Karnataka Represented by Chief Secretary to Government Vidhana Soudha, Bengaluru - Karnataka"] states, When the delegated legislation travels beyond the scope of the Authority conferred by or is in conflict with the parent statute, it becomes invalid on the ground of it being substantive ultra vires. This underscores that any action beyond the legislative power is null and void.
Impact and Effect of Declaring Laws Ultra Vires - Declaring legislation ultra vires results in its invalidity, which can be automatic or require formal pronouncement. As explained in ["SHALU SHARMA VS STATE OF U. P. - Allahabad"], If the Court declares a provision ultra vires, it collapses automatically, and it need not to be set aside. Moreover, courts may sever the invalid parts (read down) or declare the entire law void, depending on the case.
Challenges to Delegated Legislation - Subordinate or delegated legislation can be challenged if it contravenes the parent Act or exceeds the authority granted. ["MORBI PASSENGERS AND GOODS TRANSPORT PVT. LTD. VS STATE OF GUJARAT - Gujarat"] notes, Provisions of delegated legislation will be ultra vires if they are contrary to the parent Act or exceed the authority granted by it. Such laws are presumed valid unless proven otherwise, and the burden of proof lies on the challenger.
Judicial Approach and Limitations - The courts exercise caution, examining whether laws or rules are reasonable, within competence, and not violative of fundamental rights. ["Shyam Babu Sah VS State of Bihar - Patna"] emphasizes that vagueness alone is insufficient to declare a law ultra vires, and courts cannot rewrite legislation, only interpret or strike down beyond the scope.
Analysis and Conclusion:The Supreme Court maintains that legislation is ultra vires if it exceeds constitutional or legislative authority, conflicts with fundamental rights, or is arbitrary. The doctrine of ultra vires acts as a safeguard against overreach by the legislature or subordinate authorities. Declaring laws ultra vires leads to their invalidation, ensuring legislative compliance with constitutional limits. Courts are cautious, requiring clear breach of authority or constitutional violation, and cannot rewrite laws but only strike down or sever invalid parts. This framework preserves constitutional supremacy and limits legislative overreach ["Khem Chand VS State of Rajasthan - Rajasthan"] ["Kedar Nath Anant S/o Soukhi Lal Anant VS State Of Chhattisgarh - Chhattisgarh"] ["Sudarshan V. Biradar, S/o. Veerashetty VS State of Karnataka Represented by Chief Secretary to Government Vidhana Soudha, Bengaluru - Karnataka"] ["SHALU SHARMA VS STATE OF U. P. - Allahabad"].
In the realm of constitutional law, one of the most critical powers vested in the Supreme Court of India is the ability to strike down legislation deemed ultra vires. But what does this mean, and under what circumstances does the apex court exercise this authority? The question often arises: Can the Supreme Court strike down legislation on the ground of ultra vires? The answer is a resounding yes, provided it exceeds constitutional or statutory limits, violates fundamental rights, or contravenes the parent Act. This doctrine serves as a vital safeguard, ensuring legislative actions stay within prescribed boundaries. Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 1068A. V. Educational Society VS Government Of A. P. - 2002 0 Supreme(AP) 308IONIC METALLIKS VS UNION OF INDIA - 2014 0 Supreme(Guj) 819
This blog post delves into the doctrine of ultra vires, its application by the Supreme Court, key principles, landmark cases, and practical insights. While this provides general information based on established precedents, it is not legal advice—consult a qualified attorney for specific matters.
Ultra vires, Latin for beyond the powers, refers to actions by legislative bodies or authorities that exceed the powers conferred by the Constitution or parent statutes. The Supreme Court has consistently held that such legislation can be invalidated to protect constitutional supremacy. Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 1068
Key aspects include:- Substantive ultra vires: Legislation going beyond the scope of authority.- Procedural ultra vires: Failure to follow prescribed procedures. IONIC METALLIKS VS UNION OF INDIA - 2014 0 Supreme(Guj) 819
Courts presume validity (presumption of constitutionality), placing the burden on challengers to prove otherwise. The test examines the source of power, the legislation's meaning, and conformity to delegated authority. Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 1068A. V. Educational Society VS Government Of A. P. - 2002 0 Supreme(AP) 308
Under the Constitution, the Supreme Court can declare laws ultra vires if they surpass statutory competence, infringe fundamental rights, or are manifestly arbitrary (violating Article 14). Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 1068A. V. Educational Society VS Government Of A. P. - 2002 0 Supreme(AP) 308
As noted in Indian Express Newspapers (Bombay) Ltd. v. Union of India, subordinate legislation must conform to the scope and purpose of the parent Act and cannot be manifestly arbitrary or unreasonable. Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 1068
This power extends to subordinate legislation, where courts scrutinize alignment with the parent Act. In Uttar Pradesh v. Renusagar Power Co., the Court ruled that delegated legislation cannot conflict with the parent statute. A. V. Educational Society VS Government Of A. P. - 2002 0 Supreme(AP) 308
Courts apply these principles:- Source of authority: Trace back to the parent Act or Constitution. Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 1068- Generality vs. enumeration: Specific powers listed do not limit general authority. Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 1068- No interference in policy: Courts avoid questioning legislative wisdom unless limits are breached. Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 1068A. V. Educational Society VS Government Of A. P. - 2002 0 Supreme(AP) 308
Mere apprehension of misuse does not justify striking down laws, as affirmed in cases emphasizing that mere apprehension of misuse of power by itself cannot become a ground for striking down a legislation to be ultra vires the Constitution of India. CHANDRAPRAKASH VS STATE OF CHHATTISGARH - 2019 Supreme(Chh) 346
The judiciary has shaped this doctrine through precedents:
From broader jurisprudence, in challenges to recruitment rules like Chhattisgarh Teacher (Panchayat) Cadre Rules, 2012, courts refused to strike down provisions granting discretion for merit or exams, holding they do not violate Articles 14 or 16. The court noted, court fail to appreciate as to how recruitment either made on the basis of merit or by competitive examination can be said to be violative of Article 14 and 16. CHANDRAPRAKASH VS STATE OF CHHATTISGARH - 2019 Supreme(Chh) 346
In animal preservation laws, such as the Bombay Animal Preservation (Gujarat Amendment) Act, 1994, the Supreme Court upheld a total ban on cow progeny slaughter as in the public interest under Article 19(6), overturning High Court findings of ultra vires. State Of Gujarat VS Mirzapur Moti Kureshi Kassab Jamat - 2005 8 Supreme 697
Conversely, rules like U.P. Municipal Corporation advertisement tax rules were struck down for procedural lapses, with courts clarifying that repealed rules do not revive automatically post invalidation. VODAFONE SOUTH LIMITED VS STATE OF U. P. - 2016 Supreme(All) 955
In State of Uttar Pradesh v. Hirendra Pal Singh, arbitrary subordinate legislation was declared ultra vires, reinforcing that it must not violate constitutional mandates. VANDANA VS STATE OF U. P. - 2016 Supreme(All) 905
To succeed in an ultra vires challenge:1. Prove exceedance of parent Act scope. Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 10682. Demonstrate violation of fundamental rights or arbitrariness. A. V. Educational Society VS Government Of A. P. - 2002 0 Supreme(AP) 3083. Overcome presumption of validity.
Courts refrain from policy evaluation but strike down if manifestly arbitrary. PILs abusing process, like challenges to development rules without genuine public interest, are dismissed. As held, the circumstance that a particular statutory provision is being observed in the breach... is not a ground for striking down such provision as being ultra vires. Imran Suleman Qureshi VS Mumbai Building Repair & Reconstruction Board - 2016 Supreme(Bom) 903
Writs like mandamus to strike down sections of the Hindu Adoptions and Maintenance Act were rejected for non-joinder of parties and res judicata. P. S. Viswanathan VS The Union of India represented by the Secretary, Ministry of Law and Justice, Government of India, New Delhi and another - 1990 Supreme(Mad) 159P. S. Viswanathan VS The Union of India represented by the Secretary, Ministry of Law and Justice, Government of India, New Delhi and another - 1990 Supreme(Mad) 156
Not all legislation faces invalidation:- Reasonable exercises within delegated powers stand.- No strike-down for policy choices absent constitutional breach.- Pith and substance doctrine: If core falls within legislative competence, incidental overreach may be overlooked. Fashion Design Council of India VS Govt. of NCT of Delhi - 2017 Supreme(Del) 4841
The principle of stare decisis guides, but evolving realities allow reconsideration, as in cow slaughter bans where majority upheld changes reflecting economic needs. State Of Gujarat VS Mirzapur Moti Kureshi Kassab Jamat - 2005 8 Supreme 697
The Supreme Court's ultra vires power upholds constitutional balance, striking down overreaching laws while respecting legislative domain. Grounded in precedents like those cited, it ensures accountability without overreach. Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 1068A. V. Educational Society VS Government Of A. P. - 2002 0 Supreme(AP) 308IONIC METALLIKS VS UNION OF INDIA - 2014 0 Supreme(Guj) 819
Stay informed on evolving jurisprudence, but for tailored advice, seek professional counsel. This analysis draws from established case law for educational purposes.
References:1. Delhi Subordinate Services Selection Board VS Praveen Kumar - 2016 0 Supreme(SC) 1068: Courts' approach to subordinate legislation.2. A. V. Educational Society VS Government Of A. P. - 2002 0 Supreme(AP) 308: Validity testing of delegated legislation.3. IONIC METALLIKS VS UNION OF INDIA - 2014 0 Supreme(Guj) 819: Conformity with parent statutes.
#UltraVires #SupremeCourtIndia #ConstitutionalLaw
The situation which prevailed in the year 1965 when the legislation was enacted was far different. Supreme Court in Motor General Traders vs. ... ... (2) Whether the provisions of Sub Section 2 of Section 6 of the Act can be taken to have been impliedly declared ultra vires as necessary effect of the decision of the Supreme Court in Malpe Vishwanath Ach- arya vs. ... In the light of the decisions aforementioned, particularly the decision of the Apex Court#H....
2013 is ultra vires. ... It is well settled that legislation may be declared ultra vires if it is enacted beyond the legislative competence is ultra vires to the Constitution or manifestly arbitrary. ... Union of India and others (Ministry of Women and Child Development Secretary and others), (2017) 9 SCC 1, it has been held by the Hon’ble Supreme Court that the legislation can be struck down if it is found to be m....
Judge of the Supreme Court Murdu N.B. Fernando, P.C., C.J. I agree. Chief Justice Shiran Gooneratne J. I agree. Judge of the Supreme Court ... The individual may in turn allege that the public authority is acting unlawfully as its actions are ultra vires. ... Even if a decision is ex facie ultra vires, the question of whether it is automatically null and void or requires a formal pronouncement by the Court has now become a matter....
legislature may indirectly achieve the same result, and that in such circumstances the legislation would be ultra vires. ... On the 2nd July, 1951, the Revising Officer gave judgment holding the Acts in question ultra vires on the ground that the Citizenship Act was in no true sense legislation to create the status of Citizenship but was with the Franchise Act part of a legislative plan to reduce the electoral ... There may be circumstances in which #HL_START....
In addition to that, the law is well settled that mere apprehension of misuse of power by itself cannot become a ground for striking down a legislation to be ultra vires the Constitution of India. ... Such submissions cannot become the basis for striking down a Rule or a legislation, where power to make such legislation is not a matter of argument. ... Even in England, where Parliament is sovereign and supreme and can do everything ....
Even the prayer as framed in the writ petition cannot be granted by this Court. There question of issuing a mandamus striking down certain sections of a legislation mandamus declaring that certain persons will be entitled to maintenance even in the of a provision in a legislation to that effect. ... The prayer in this writ petition is to issue a mandamus striking down Secs.18 to Hindu Adoptions and Maintenance Act, 1956 as ultra vires of the Constitution of India henc....
Even the prayer as framed in the writ petition cannot be granted by this Court. There question of issuing a mandamus striking down certain sections of a legislation mandamus declaring that certain persons will be entitled to maintenance even in the of a provision in a legislation to that effect. ... The prayer in this writ petition is to issue a mandamus striking down Secs.18 to Hindu Adoptions and Maintenance Act, 1956 as ultra vires of the Constitution of India henc....
Effect of declaring any legislation as ultra vires or bad for any other reason is also different and depends upon various factors. ... An amendment to constitutional provision if declares ultra vires as it alters any element of basic feature of Constitution, it is considered to be a patent want jurisdiction on the part of Parliament which would have no effect on the law earlier to such legislation and, therefore, subsequent legislation ... ... (5) Whether the impugne....
legislation, where power to make such legislation is not a matter of argument. ... for striking down a legislation to be the Constitution of India. ... Even in such case, no court of law can grant relief to him.
If the Court declares a provision ultra vires, it collapses automatically, and it need not to be set aside. If only a rule is declared ultra vires, that part of the rule will be severed from the rule. ... The High Court under Article 226 of the Constitution has also plenary power to declare a statute ultra vires and illegal. The effect of declaring the provision invalid, illegal or void by the High Court will be same as in the case ....
The pith and substance of the Act will have to be discerned in light of its objects, scope and effect and the entire Act including its Rules would have to be studied as a whole. If it can be proved that the impugned legislation is one, which is beyond the field of legislation allotted to the State, then the Court is well within its power to strike down such enactment as ultra vires the Constitution on the ground of legislative incompetence.
The Supreme Court has applied the same principles in declaring the subordinate legislation arbitrary and ultra vires. Reference may be made to the judgments in the case of State of Uttar Pradesh and others v. Hirendra Pal Singh and others, (2011) 5 SCC 305, Air India v. Nargesh Meerza and others, (1981) 4 SCC 335, Indian Council of Legal Aid & Advice and others v. Bar Council of India and another, (1995) 1 SCC 732, C. Chandramohan v. Sengottaiyan and others, (2000) 1 SCC 451 and State of Uttar Pradesh and others v. Ravindra Kumar Sharma and others, (2016) 4 SCC 791.
The circumstance that a particular statutory provision is being observed in the breach or that the same is being abused, may be some cause for concern. However, the same is not a ground for striking down such provision as being ultra vires or unconstitutional.
The effect of the judgment of the High Court as summed up by the learned Judges would be that there would not be a total ban on the slaughter of bulls or bullocks above the age of 16 years; in other words animals could be slaughtered consistently with the provisions of the parent Act as it stood prior to the amendment brought in by Gujarat Act No. Hinsa Virodhak Sangh, Jivan Jagruti Trust and Gujarat Prantiya Arya Pratinidhi Sabha also sought for intervention and they were also allowed to be impleaded by the High Court as party-respondents in the writ petitions. The High Court allo....
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