Ultra Vires
/ˈʌltrə ˈvaɪərɪz/
Latin Legal Doctrine
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Definition
Latin for 'beyond the powers.' A doctrine under which actions taken by an authority — whether a government body, company, or statutory body — that exceed its legal powers are void and of no legal effect. In administrative law it constrains government action; in company law it voids acts beyond a company's memorandum of association.
Examples
Case Study
In Ashbury Railway Carriage & Iron Co v. Riche (1875), the House of Lords held that a company incorporated to supply railway materials could not validly enter a contract to build a railway — the contract was ultra vires and void, even if all shareholders had consented. In India, the doctrine was applied in State of Rajasthan v. G. Chawla (1959), where the Supreme Court held that delegated legislation exceeding the parent Act is ultra vires and struck it down.
Key Cases
State of Rajasthan v. G. Chawla
1959AIR 1959 SC 544
Established that delegated legislation (subordinate rules, notifications) that exceed the scope of the parent Act are ultra vires and void. Cornerstone of Indian administrative law.
View on Indian Kanoon →Ashbury Railway Carriage & Iron Co v. Riche
1875(1875) LR 7 HL 653
Classic company law authority establishing that acts beyond a company's objects clause are ultra vires and void ab initio.
View on Indian Kanoon →