Question

The doctrine of ``ultra Vires'' means

• A. Illegal activities
• B. Custodial death
• C. Within powers
• D. Beyond powers

Hint:

Remember the Latin roots: "Ultra" means beyond, and "Vires" means powers.
If an act is "intra vires," it is within the legal powers of the authority; if it is "ultra vires," it is beyond their legal powers.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks for the direct legal translation and meaning of the Latin phrase "ultra vires."
We need to select the option that represents the concept of acting outside or exceeding one's prescribed legal authority.


Step 2: Detailed Explanation:

• The term "ultra" means "beyond" or "excessive," and "vires" means "powers" or "authority."

• Thus, "ultra vires" translates literally to "beyond powers."

• In constitutional law, if a legislature passes a law on a subject that is outside its legislative competence (e.g., a state legislature enacting a law on a Union List subject), the law is declared "ultra vires" the Constitution and is void.

• In administrative law, if an executive officer or public body acts beyond the scope of authority delegated to them by a parent statute, their action is "ultra vires" the statute.

• In corporate law, if a company enters into a contract or transaction that lies outside the objects clause of its Memorandum of Association, that transaction is "ultra vires" the company and is legally invalid.

• It is distinct from "illegal activities" (which are prohibited by criminal law, though ultra vires acts are also invalid), making Option (A) incorrect.

• The opposite of "ultra vires" is "intra vires," which means "within powers," making Option (C) incorrect.

• Option (D) correctly identifies the literal and legal meaning of ultra vires as "beyond powers."


Step 3: Final Answer:
The doctrine of ultra vires means beyond powers, which corresponds to Option (D).