All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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98.

What is meant by procedural ultra-vires?

A: It is the non-observance of the procedural norms by the rule-making authority
B: It may make the rule ultra vires due to non-observance of rule-making authority and hence become void
C: It means the lacuna in the procedure of law
D: (a) and (b)

The answer is: D

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Explanation

The correct option is D: (a) and (b).

Procedural ultra vires means that a subordinate legislation fails to comply with certain procedural requirements prescribed by the parent act or by the general law. The parent act or enabling statute may require the delegate to observe a prescribed procedure while framing subordinate legislation. If the delegate does not follow the procedure, the subordinate legislation may be challenged and declared invalid or void.