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 CODE OF CIVIL PROCEDURE, 1908 (PAPER – 20 Q. NO. 761 TO 800)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 07 Q.NO. 241 TO 280)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 12 Q. NO. 386 TO 420)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 03 Q.NO. 81 TO 120)

THE COMMERCIAL COURTS ACT, 2015 (PAPER 01 Q. NO. 1 TO 12)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 17 Q. NO. 641 TO 680)

CLAT 2022

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 07 Q. NO. 241 TO 280)

AILET – National Law University Delhi Entrance Test (NLU 2021)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 13 Q. NO. 481 TO 520)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 03 Q. NO. 81 TO 120)

THE ADMINISTRATIVE TRIBUNALS ACT, 1985 (PAPER-01 Q. NO. 1 TO 21)

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

NLU 2015

THE MUSLIM PERSONAL LAWS (PAPER 01 Q. NO. 1 TO 29)

UTTARAKHAND LOWER JUDICIAL SERVICES 2022

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-1

THE LIMITATION ACT, 1963 (PAPER 04 Q. NO. 121 TO 160)

G.K. ENGLISH -02 GGSSS BNL

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 03 Q. NO. 81 TO 120)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 08 Q.NO. 281 TO 320)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 06 Q. NO. 176 TO 210)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 04 Q. NO. 121 TO 160)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 06 Q. NO. 176 TO 210)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 16 Q. NO. 526 TO 560)

DELHI LOWER JUDICIAL SERVICES 2018(1)

JHARKHAND LOWER JUDICIAL SERVICES 2019

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

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 08 Q. NO. 281 TO 320)

THE LAW OF TORTS (PAPER 04 Q. NO. 136 TO 180)

SAMPLE PAPER 01

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 18 Q. NO. 681 TO 720)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 10 Q. NO. 361 TO 400)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 04 Q.NO. 121 TO 160)

RAJASTHAN LOWER JUDICIAL SERVICES 2019