A COMPARATIVE STUDY BETWEEN THE APPLICATION OF THE DOCTRINE OF ULTRA VIRES IN ADMINISTRATIVE LAW, COMPANY LAW, AND CONSTITUTIONAL LAW

AUTHORS – HARIROOPAN.M & BHUVANESH.J, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – HARIROOPAN.M & BHUVANESH.J. CHOPRA, A COMPARATIVE STUDY BETWEEN THE APPLICATION OF THE DOCTRINE OF ULTRA VIRES IN ADMINISTRATIVE LAW, COMPANY LAW, AND CONSTITUTIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 50-49, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The doctrine of ultra vires plays an important role across various branches of law, ensuring that actions taken by authorities, entities, or individuals do not exceed beyond the powers that are legally granted to them. This article examines the application of the doctrine of ultra vires across three major branches of law. It analyses the development of the doctrine and its presence in administrative law, company law and constitutional law and compares its application between them. In administrative law, the article examines how ultra vires prevent the government and the public authorities from overstepping their statutory powers. In company law, it explores the restriction of the company and directors to act beyond the objectives stated in its articles. In constitutional law, it examines how the supreme law of the land confers limitations on other ordinary laws. Through a detailed comparison of how the same doctrine is applied in different fields of law and their distinct interpretations and uses, this article highlights the safeguards and legal accountability provided by this doctrine, contributing to the restriction on legal overreach and promoting lawful governance.