The Law of Ultra Vires

Abstract

The paper explains that Initial and old concept of the doctrine of ultra vires was a concept of only lack of legal power to do an act.

At present the doctrine of ultra vires is attracted in exercise of the power that is lawfully conferred on the authority concerned (whether it is legislative, administrative or quasi judicial) if it is alleged and shown that: there was lack of power to do the alleged act; there was use of improper procedure; there was use of unauthorised procedure; there was an improper purpose; there was an unauthorised purpose; there was any violation of the law of natural justice; the authority acted in bad faith; the authority acted for an inadmissible purpose; the authority acted for irrelevant grounds; that the authority acted without regard to relevant considerations; the authority acted with gross unreasonableness; the authority violated the provisions of the Constitution; the authority violated the governing Act or enactment; the authority acted in violation of the general principles of the law of the land; the authority acted so arbitrarily that no fair minded authority could have ever acted in that manner; the authority acted for improper motives; the authority acted in the manner which is repugnant to the injunctions of Islam.

Keywords: power, authority, vires, ultra vires, beyond, within