Monday, 7 September 2020
Doctrine of Ultra Virus
Doctrine of Ultra Virus: -
The legislature can not make the laws on such subjects in which, the legislature has no power or jurisdiction. If the legislature makes the laws in aforesaid conditions then it is beyond power or ultra vires. In this connection, the hon’ble Supreme Court of India held in the case of State of Punjab And Ors v. Gurdev Singh, Ashok Kumar, 21 August, 1991 that “If an Act is void or ultra vires it is enough for the Court to declare it so and it collapses automatically. It need not be set aside. The aggrieved party can simply seek a declaration that it is void and not binding upon him. A declaration merely declares the existing state of affairs and does not 'quash' so as to produce a new state of affairs.”
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