"Challenging vires of law" and "Challenging law as Ultra Vires" are two different things- Justice R F Nariman

It was learning for me. I had earlier never noticed difference between words "Vires" and "Ultra Vires".

It was 24th April,2014. I was in court No.12 in Supreme Court. Justice Sikri and Justice Nariman were hearing two cases.

In the first case, vires of certain statue was challenged in High Court.

The High Court did not allow this challenge on assumption that Vires were already decided by Supreme Court in some other case.. which assumption was in fact not correct.

Supreme Court allowed this appeal and remanded the matter to High Court.

Then counsel in next case arose and said that his case is similar. He said he too had challenged Vires of law.

Justice Nariman Instantly corrected him and said, "No. You had challenged law as Ultra Vires."

The counsel conceded.

The Judge said, "There is wide difference between to "Challenge Vires of a law" and to "Challenge a law as Ultra Vires"..

The counsel again conceded.

His matter was also then remanded.

The point however is, when you are arguing in Supreme Court, you have to exact meaning of each word you speak.

When you challenge Vires of law, you are saying that law making body had no powers to pass this law. When you say that it is Ulta Vires, you are saying that it though it had power to pass law, the law passed is Above or in Excess of powers of law making body. 

Haresh Raichura
26/4/2015


Copyright : Haresh Raichura 2014. All Rights reserved.

Stage for granting or not granting stay against Judicial Appointment Act, arises only after it is notified..

The case of validity of Judicial Appointment Act is referred to 5 judges Bench of Supreme Court.

It is CJI who has to constitute a bench of 5 Supreme Court Judges to hear this case.

It is for these 5 judges to consider whether the Act should be stayed or not.
The speculation about it's stay or no stay, is presently immature, particularly when Act is yet to be notified by Government.

Haresh Raichura
9/4/15

What can a client do if his advocate withdraws his appeal without his permission?

Mostly, advocates have authority to withdraw any case or appeal.

Sometimes it is in interest of clients to withdraw case.

Sometimes, client feels that his advocate has wrongly withdrawn a case.

Then he can move an application to Court stating that he had not instructed his advocate to withdraw case.

In that case, if grievance is genuine, the court may recall its order and may place the case for fresh hearing.

If High Court refuses to do so, a SLP can be moved to Supreme Court.

Today in one such case, SC accepted that clients had not given authority to advocate to withdraw their appeal. SC set aside order of Gujarat High Court and directed rehearing of case.

Haresh Raichura
9/4/15