St. Johns Teachers Training Institute v National Council for Teacher Education

Facts

• National Council for Teacher Education (NCTE) issued regulations governing teacher training institutions
• St. Johns argued that certain regulations imposed requirements that exceeded the scope of the NCTE Act
• Challenge on the ground of substantive ultra vires

Issue

1. Do regulations issued by the NCTE that impose requirements beyond those authorised by the enabling Act constitute substantive ultra vires?

Held

• The Supreme Court held that delegated legislation must remain within the scope of the parent Act. Regulations that impose conditions or requirements not authorised by the enabling Act are ultra vires and void. The power to regulate does not include the power to impose obligations beyond the regulatory framework Parliament established.

Ratio Decidendi

Substantive ultra vires: subordinate legislation is void if it exceeds the scope of the authority conferred by the parent Act. The principle is an application of the rule that delegated power cannot exceed the power delegated.