BharatNotes Ultra Vires
adjective and adverb (Latin phrase; also used attributively, e.g. "ultra vires action")Usage in a UPSC answer
When a regulatory body imposes levies for which its parent statute makes no provision, the courts will not hesitate to declare such exactions ultra vires, thereby reaffirming that every organ of the State derives its authority from, and remains subordinate to, the law.
Synonyms
Antonyms
Word Family
intra vires (phrase, antonym), ultra vires (adj/adv), No standard derived forms
Root
Latin ultrā = beyond; vīrēs (pl. of vīs) = strength, powers; phrase = beyond the powers
Etymology
From Latin ultrā ("beyond") + vīrēs (accusative plural of vīs, "strength, power"); literally "beyond the powers."
Memory Hook
"ULTRA" = going beyond the limit (like ultra-modern, ultraviolet), and "VIRES" echoes "vigour/virility" = power. So ULTRA VIRES = "beyond the power" - acting past the authority the law allows.
How This Word Works in UPSC Writing
Beyond the powers conferred, and the doctrine is the practical expression of the principle that every public body holds only the authority its source of power gives it. It operates at two levels that should be kept apart. Substantive ultra vires means the act itself falls outside the power conferred, as where a regulator levies a charge its parent statute does not authorise. Procedural ultra vires means the power existed but the prescribed procedure was not followed, as where a mandatory consultation was omitted. In constitutional law the doctrine also governs legislative competence, since a law made on a subject outside the enacting legislature's List in the Seventh Schedule is ultra vires the Constitution, although the doctrine of pith and substance saves a law whose true character lies within competence even if it incidentally touches another List. Delegated legislation is the commonest field of application, since rules must stay within the parent Act.
Don’t Confuse It With
Ultra vires means beyond the powers conferred and intra vires within them. Substantive ultra vires concerns what was done and procedural ultra vires how it was done. Void ab initio means invalid from the very beginning, which is the usual consequence of a finding of ultra vires. Pith and substance saves a law whose true nature falls within competence despite incidental encroachment, while colourable legislation is the converse, where a legislature attempts indirectly what it cannot do directly.
Hindi Meaning
अधिकारातीत (adhikārātīt) or शक्ति से परे.
Common Questions
- What is the difference between substantive and procedural ultra vires?
- Substantive ultra vires means the act lay outside the power conferred at all, while procedural ultra vires means the power existed but the required procedure was not followed.
- How does ultra vires apply to legislation?
- A law enacted on a subject outside the legislature's List in the Seventh Schedule is ultra vires, though the doctrine of pith and substance saves one whose true character falls within competence.
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