Parent Act Archives

Subordinate legislation ultra vires to Parent Act? Supreme Court summarises principles for deciding cases

“If a rule is challenged as being ultra vires, the Court must, firstly, determine and consider the source of power, secondly, the meaning of the subordinate legislation, and that whether the subordinate legislation is consistent with and within the scope of the delegated power.”

Case Briefs High Courts

First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court

Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.