The Revival of Ray XC
Constitution Bench in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, (1975) 1 SCC 421 held, the words ‘rules’ and ‘regulations’ are used in an Act to limit powers of a statutory authority; any action of such bodies in excess of their power or in violation of restrictions placed is ultra vires; statutory bodies cannot use the power to make ‘rules’ and ‘regulations’ to enlarge the powers beyond the scope intended by Legislature.
It is important to keep in mind, where a ‘rule’ or ‘regulation’ is directly inconsistent with a mandatory provision, task of Court is simple and easy. But where contention is, inconsistency is not with reference to any specific provision, Court should proceed with caution.
– Hon’ble Justice J.B. Pardiwala, Kerala State Electricity Board v. Thomas Joseph, [Civil Appeal Nos. 9252-9253 of 2022] decided on 16.12.2022.