Ultra vires
Also called: Beyond powers · Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Beyond NCERT
Meaning
Ultra vires is Latin for "beyond powers". It means an act done by a body or official that goes beyond the legal authority it has been given. Such an act is invalid, and courts can strike it down through judicial review (the power of courts to cancel a law or action that breaks the Constitution or a law). It covers laws passed by a legislature without the power to make them. It also covers delegated legislation (rules made by the executive under an Act) that goes further than the parent Act allows. The idea matters because every body in India, even Parliament, works within limits set by the Constitution.
Example
The Constitution divides subjects between the Union and the states (Arts. 245-254). If Parliament makes a law on a State List subject, the law goes beyond Parliament's powers. A court can declare it ultra vires and void. In the same way, a rule made by a ministry is ultra vires if it adds something that its parent Act does not allow.
Don't confuse with
- Intra vires: the opposite. It means an act is within the body's legal powers, so it is valid.
- Judicial review: the court's power to examine and strike down acts. Ultra vires is one of the grounds on which a court uses that power.