What is meant by procedural ultra vires:

Option A: It is the non-observance of the procedural norms by the rule-making authority

Option B: It may make the rule ultra vires due to non-observance of rule-making authority and hence become void

Option C: It means the lacuna in the procedure of law

Option D: (a) and (b)

Correct Answer

Option: d

Explanation

Ultra vires literally means, “beyond powers”. Ultra vires has two meanings- (1) substantive ultra vires where a decision has been reached outside the powers conferred on the decision taker; and (2) procedural ultra vires means the non-observance of the procedural norms by the rule-making authority and it may make the rule ultra vires due to non-observance of rule-making authority and hence become void. When a subordinate legislation fails to comply with procedural requirements prescribed by the parent act or by general law, it is known as procedural ultra vires. An administrative authority may be exercising a power for an authorized purpose but, if it fails to follow a required procedure, its actions will be open to challenge. The authority here may ‘doing the right thing’ but it is doing it ‘in the wrong way’ This is the concept of ‘procedural ultra vires’.

Sample Mock Tests for Practice

THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 02 Q. NO. 31 TO 49)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 13 Q. NO. 481 TO 520)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 08 Q. NO. 246 TO 280)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 19 Q. NO. 721 TO 760)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 05 Q. NO. 141 TO 175)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 22 Q. NO. 841 TO 874)

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THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 05 Q. NO. 161 TO 200)

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THE SALE OF GOODS ACT, 1930 (PAPER – 01 Q. NO. 1 TO 35)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 01 Q. NO. 1 TO 40)

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THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 07 Q. NO. 241 TO 280)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 06 Q.NO. 201 TO 240)

THE LAW OF TORTS (PAPER 03 Q. NO. 91 TO 135)

THE LIMITATION ACT, 1963 (PAPER 05 Q. NO. 161 TO 200)

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THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 09 Q. NO. 321 TO 360)

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THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 01 Q. NO. 1 TO 30)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 20 Q. NO. 761 TO 800)

The Hindu Marriage Act, 1955 (Paper 01: Q. 1 to 25)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 02 Q. NO. 41 TO 80)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 18 Q. NO. 681 TO 720)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 01 Q. NO. 1 TO 35)

THE COMPANIES ACT, 1956 (PAPER 01 Q. NO. 1 TO 19)

THE LAW OF TORTS (PAPER 02 Q. NO. 46 TO 90)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 21 Q. NO. 801 TO 840)

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THE CONSTITUTION OF INDIA, 1949 (PAPER – 14 Q. NO. 456 TO 490)

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