Judicial Control Over Delegated Legislation — Ultra Vires Doctrine Explained 2026

Why Judicial Control Is Necessary

While delegated legislation is a practical necessity in modern governance, it carries inherent risks: (a) the executive may exceed the scope of power delegated by the legislature, (b) rules and regulations may be arbitrary, discriminatory, or unreasonable, (c) procedural safeguards may be ignored in the haste to issue rules, (d) delegated legislation may infringe fundamental rights. Judicial control is the primary mechanism for ensuring that delegated legislation remains within the bounds of the parent Act and the Constitution. The courts exercise this control through the doctrine of ultra vires — the power to declare delegated legislation void if it exceeds the delegated authority.

Grounds for Judicial Review of Delegated Legislation

1. Substantive Ultra Vires — Exceeding Delegated Power

The most fundamental ground: if delegated legislation goes beyond the scope of power conferred by the parent Act, it is substantively ultra vires and void. The test: (a) read the enabling section of the parent Act, (b) determine the scope and limits of the delegated power, (c) examine whether the rule/regulation falls within those limits. If the rule imposes obligations, restrictions, or penalties not contemplated by the parent Act: it is ultra vires.

Example: If the Companies Act empowers the Government to prescribe "the manner and procedure" for filing forms — a rule that imposes a new penalty for late filing (beyond the penalties specified in the Act) would be ultra vires. The penalty-making power was not delegated; only the procedural power was.

The Supreme Court in Indian Express Newspapers v. Union of India (1985) held that delegated legislation must remain within the "four corners" of the parent Act. Any deviation renders it invalid.

2. Procedural Ultra Vires — Non-Compliance with Prescribed Procedure

If the parent Act prescribes a mandatory procedure for making rules (e.g., prior publication, consultation with stakeholders, laying before Parliament), and this procedure is not followed: the rules are procedurally ultra vires. Courts examine whether the procedural requirements are mandatory (non-compliance invalidates the rules) or directory (non-compliance is an irregularity but does not invalidate the rules). The determination depends on the language of the parent Act and the importance of the procedural requirement.

Example: Section 469(2) of the Companies Act, 2013 requires that draft rules be pre-published for public comments before being finalized. If MCA issues rules without pre-publication: the rules could be challenged as procedurally ultra vires. However, the proviso to Section 469(3) allows dispensation of pre-publication in certain urgent cases.

3. Unreasonableness and Arbitrariness

Even if delegated legislation is within the scope of the parent Act: it can be struck down if it is manifestly unreasonable, arbitrary, or discriminatory. Article 14 of the Constitution guarantees equality before law — delegated legislation that discriminates without reasonable classification or rational nexus with the objective is void. The Supreme Court in Sharma Transport v. Government of AP (2002) held that subordinate legislation must pass the test of reasonableness — if a rule is so unreasonable that no reasonable person would make it, it is ultra vires.

4. Violation of Fundamental Rights

Delegated legislation must comply with Part III of the Constitution (Fundamental Rights). If a rule/regulation violates: (a) Article 14 — right to equality, (b) Article 19 — freedom of speech, trade, profession, (c) Article 21 — right to life and personal liberty, (d) any other fundamental right — it is void to the extent of the violation. The test is the same as for primary legislation — delegated legislation enjoys no special protection from fundamental rights scrutiny.

5. Inconsistency with the Parent Act

If a rule or regulation is inconsistent with the parent Act: the parent Act prevails. The principle is: subordinate legislation cannot override the statute under which it is made. If the rule adds to, modifies, or contradicts the provisions of the parent Act: it is ultra vires. This is particularly relevant in the Companies Act context — MCA rules must be consistent with the Act; any deviation can be challenged.

6. Excessive Delegation

The legislature cannot delegate its essential legislative function — it must retain policy-making while delegating only the details. If the parent Act delegates too much power without laying down any guidelines or principles: the delegation itself is unconstitutional ("excessive delegation"). The Supreme Court in In Re Delhi Laws Act (1951) established the permissible limits of delegation. The test: (a) the legislature must lay down the legislative policy, (b) the delegate (executive/authority) must work within that policy, (c) the legislature must not create a "parallel legislature" through delegation.

Remedies Available

If delegated legislation is found to be ultra vires: (a) the court declares it void ab initio (void from the beginning) — as if it never existed, (b) the court may issue a writ of mandamus directing the authority not to enforce the invalid rule, (c) the court may issue a writ of certiorari quashing the delegated legislation, (d) actions taken under the void legislation may be reversed, (e) the court may direct the authority to make new legislation in accordance with the law. The challenge can be raised before: (a) the High Court under Article 226 (writ petition), or (b) the Supreme Court under Article 32 (for fundamental rights violation).

Scope of Judicial Review — Limitations

Courts exercise limited judicial review over delegated legislation: (a) courts examine the legality (whether the rule is within power) — not the wisdom or merits (whether the rule is good policy), (b) there is a presumption of validity — the challenger must prove that the rule is ultra vires, (c) courts apply a deferential standard — recognizing that the executive has expertise in framing rules and regulations, (d) courts do not substitute their own judgment for that of the rule-making authority — they only check whether the authority acted within its power and followed the law.

Practical Relevance

For Company Secretaries and legal practitioners: (a) when advising clients on compliance: verify that the rule/regulation relied upon is consistent with the parent Act, (b) if a rule appears to impose obligations beyond the Act: it may be challengeable as ultra vires, (c) when filing representations against proposed rules (during pre-publication): argue on the grounds of ultra vires, unreasonableness, or violation of fundamental rights, (d) NCLT and other tribunals can examine the validity of rules while adjudicating cases — even though they may not formally declare rules void, they can decline to enforce invalid rules.