Doctrines of Ultra vires
Doctrines of Ultra vires , It means beyond the scope, power or authority of any company , corporation or statutoey body. It is under judicial control.
Substantive ultra vires ( Doctrines )
Where the legislature is in axis the validilty of power conferedd on the legislature by the consitution , the legislature is said to be ultra vires the constitution.
Constitution—–> Written and codified( substantive law), when rules of consitution will exceeds the power and make some guidelines it is substantive. When sub-ordinate legislation goes beyond the authority of delegated legislation, then it is said to be suppress the substantive utra vires.
Circumstances of substantive ultra vires ( Doctrines )
If the parent act is unconstitutional
Case: Chintaman rao v/s state of mp SC.
In this cased it was held that trade of bidi the reason behind that trade is unconstitutional then deputy commissionor was not sued.
Procedure ultra vires
An act if done by someone who is acting beyound his or her juridiction.
Publication
Case: Harla v/s state of Rajasthan 1951 , In this case, legislation was passed by the council and was made to know to general public, honrable court in this case held that ” publication of laws is important.
previous publication
thing needs to be published before its final.
Post publication
Maxim- Ignorantia juris non execusat means ignorance of law will not be excuse.
Delegation legislation is ultravires the constitution
Case: Air India v/s nargesh mirza
In this case it was held that you can not control the personal life or personal liberty of any person, the case fact such as that No air hostesses will be of the above 35 year and can not having baby within there 4 year joining at the work.
Case: Ds Nakara v/s Union of India 1983
If a person retired at particular date of time before he got higher pension than a person who retired at a particular date of time.
Delegated legislation is inconsitent with parent act
Case: Indian council of legal aid and advice v/s bar council of India 1955
The rule is provided of after 45 years no person will be allowed to appear for the advocate. it was denied by the Supreme court.
Where Delegated legislation include ouster clause
Any law or provisions which are realated to judicial review it can not be asked.
Where delegated legislation is malafied ( bad intention) Case: Indian express newspaper private limited v/s union of India 1985 , unreasonableness is the ground for judicial review, something was irrelevant was mentioned in newspaper.
Excessive delegation, No person can delegate his power further , no delegated power can be futher delegated until and unless the parent act is itself permits or authories.
Legislative control
- laying on the table
- Scrutuny committees by the Lok sabha and Rajya sabha.
Parliamentry control
Direct general control ( Exceutive are liable for this control) , Debate on the act regarding alternation ammend. Question and notices, through moving resolutions, through a bill passed by private member in any aprent act.
Direct special control
Laying on the table.(UK technique), Laying with no further directions, subject to negative resolution and affirmative resolution.
Laying in draft to subject to ” negative resolution” within 40 days, Draft shall have no effect unless approved by the house for laying in draft subject to ” affirmative resolution”.
Drafting of reasonable classification Test
To testify the reason behind classification should be reasoned,
Case: Ram krishna dalmia v.s justice tendulkar,
High court ruled that a government might appoint a commission to investigate a case where it is expressely or implidly essentials.
Doctrines of test propotionality
To checks and balanced of the decision of classification reasonable test.
Case: Hind construction company v.s workmen,
Employer terminated some employees because they took holidays and the reason was not justified , court held that they should have punalised them not get them terminated , just because the reason was not justified.