The Administrative Discretion Cannot Challenge The Doctrine Of Ultra-Vires

Advocate Arjun *

High Court Complex at Chingmeirong Imphal on April 07 2012 :: Pix - Bullu Raj

Today, due to such an advanced and more complex socio-political and environmental complexities and circumstances of the world after heavy industrialization, urbanization of being the modern welfare state, the Administrative Authorities of the Nations are compelled to have certain Discretionary Powers while performing the overloaded administrative activities and duties. This is indeed an unavoidable mechanism to meet the new demands of the emergent circumstances.

Therefore, extending the powers of Delegated Legislation to the Administrators is very important and significant depending upon the new speedy changes and emergent situations. We could sum up some of the main reasons why and how or when such Subordinate or Delegated Legislations arose. That's as follows:
1. Easing Overburden: In modern welfare State, the bulk of the Legislations have been increased tremendously and the Parliament does not have sufficient time to discuss more details. Often there arises certain extra pressure upon the Parliamentary. Consequently it has to confer on the Executives or other agency to make subordinate/delegated legislation to supplement legislation.

2. Need for Flexibility: Sometimes, the Law is required to be applied with some urgent modifications according to the legal needs and emergent situations. For this purpose, the Legislatures lay down broad outlines and details which are to be fulfilled by the Administrative authority through the Quasi –Legislative powers/functions.

3. Meeting Emergency situations: In emergency situations of economic and natural crisis, legislatures require quick actions but face overburden to act as promptly as the situation demands within the available or existing laws. Hence, the Executives are delegated the power to make immediate rules and regulations to deal with such situations.

In fact, such rules are not laws but specially made rules and regulations for the purpose only.

Therefore, the Administrative Delegation is very inevitable in this modern welfare State. The legislatures necessitate delegations of their legislative power to the Executives to meet the emergent contingencies. But complete legislative powers cannot be enjoyed by the Executives. This is for the matters of temporary and urgent measures. It needs the judicial control over the Administrative Discretion.

JUDICIAL CONTROL OVER ADMINISTATIVE DISCRETION:

Despite the advantages of Administrative Delegations, if the Administrative Discretion is not properly controlled and checked, it will make the Executive Tyrant. If the Delegated Legislation of the Administrators goes beyond the scope of authority provided on the delegation, or it is conflict with the Parent or Enabling Act, it is Substantive Ultra Vires. Thus a Delegated Legislation may be declared invalid on any of the following grounds.

1. If Enabling or Parent Act is unconstitutional, the new delegated legislation will be declared void and invalid. Originally the delegation will be entertained within the provisions of the Enabling or Parent Act. But, if the Enabling and Parent Act is unconstitutional, then the Administrative Discretion could be void and invalid. Such Administrative Discretion can be challenged through the Judicial Powers.

2. If delegated legislation is Ultra Vires the Constitution, the delegated legislation is void. Sometimes, it is found that even though the Delegated legislations are within the provisions of Enabling or Parent Act, the Enabling or Parent Acts might happen to be found as Unconstitutional. Naturally the delegated legislation can be considered as void and invalid.

3. If Delegated legislation is Ultra Vires, this delegated legislation is invalid. The validity of the Subordinate or Delegated legislation can be challenged on the ground of Ultra Vires the Enabling or Parent Act. In such cases, Parent Act is constitutional but the delegated legislation is excessive. Judicial Review can correct or control the mistakes of law or mistake of facts through statutory interpretation.

4. If Delegated Legislation is arbitrary and unreasonable, it is also invalid. If Article 14 of the Indian Constitution is violated by the arbitrary and unreasonable actions or steps of the Delegated legislations, then the Delegated legislation itself is void and invalid. Thus, the Administrative action mustnot be illegal, irrational, arbitrary, unreasonable etc

In modern welfare state, the bulk of the legislations have been increased tremendously and the Legislatures couldn't have sufficient time to minute detail. The legislatures pass the skeleton of legislation and pass it to the concerned authority to supply flesh and blood to the skeleton by making certain rules and regulations etc. Such system of the Delegated legislation reduces the burden of work load to the legislatures of Parliament and thereby enables the Parliament to give sufficient time for the considerations on the policy matters.

It provides opportunities to deal with the technical matters of legislation by the delegated experts. It is very unavoidable to meet the contingencies. Hence, delegated legislation is every significant today in this Morden welfares states but it is also indeed important to be properly controlled by the Judicial Review through Quasi Judicial Powers of the Administrative Authorities.

The constitution is the supreme law of the Nation and all the legislatures including delegated legislations are all mandatory to conform and collaborate to the Constitution. Therefore, the Courts can declare the acts of the Executives and Acts passed by the Legislatures if it is void and invalid in the eyes of the Constitution and any existing Enabling or Parent Acts or Laws. The Doctrine of Ultra Vires can be applied by the Courts for the purpose of controlling the Delegated Legislations. Judicial Control over the Administrative Discretion can control and check through two important grounds:
1. When there are abuse of discretions and
2. When there are failures to exercise discretion on the part of Administrators. Both these grounds are very synonymous.

Both are the considerations of using their administrative powers with excessive or without proper implications of minds of the Administrators implied in the action.

Practically, the Discretionary power of the Administrators is required to be exercised according to laws. When the mode of exercising a valid Administrative power is improper and unreasonable there will be negative effects. Use of improper purpose, mala fide, bad faith, irrelevant, improper consideration, mixed consideration, unreasonableness, colorable exercise of power, non-compliance with procedural requirements and principles of Natural Justice, exceeding jurisdiction etc are the grounds or criterions of ABUSE OF ADMINISTRATIVE DISCRETION.

On negative attitudes of the Administrators, non-application of reasonable mind, acting under undue pressure, dictation, order, acting mechanically, imposing fetters on the exercise of discretionary powers are also malfunctions of the Administrative Discretion. Article 14 of the Constitution prevents arbitrary discretion of the Administrators. Government or Administrators need to see the matters in accordance with the legislative policy as stated in the statute.