The Leadership Member Exchange Theory

The Leadership Member Exchange Theory There are different leadership theories that have been proposed. Some of these are the leadership member exchange theory, transformational leadership theory, path-goal theory and situational approach theory. In this paper the above four theories will be studied in seeking to help the students have a deeper insight into the leadership styles and where they are best applied. Leadership-member exchange theory Also known as LMX or vertical dyad linkage theory it seeks to describe how leaders in groups are able to maintain their position by having tacit exchange agreements with their subordinates. Through the special relationship with the leader the in-group members have access to high levels of responsibility, are influential in decision making and are also able to access resources. However, the members of in-group pay for this privilege by working hard, being committed to task objectives and also share more administrative duties. In addition, these members are also expected to show loyalty and commitment to their leader. On the other hand, the members of out-group have little responsibility, have little influence in decision-making and find it hard to access the resources. The LMX process according to House (1971) has three stages and starts when one joins the group. The first one is the role taking where the member joins the teams and the leader examines his or her capabilities. It is then that the leader decides whether to give this member an opportunity or not. Knox and Inkster (1968) argue that during this stage it becomes important for the leader and the member to lay down a foundation on rules of engagement. The tacit agreement takes pace in the second phase where the informal arrangement takes place between the leader and the member. The role is created for this member, which also comes with benefits. In return this member is supposed to pay by being dedicated and being loyal. Linville, Fischer and Salovey (1989) observe that at this stage trust building is pivotal. As such if the leader feels betrayed he or she is likely to demote the member to the out-group. This stage also involves other factors such as relationships and the similarity with the leader. A member who has similarity is likely to have positive relationships according to this theory. Similarly, in the case where the leader and the member are of same gender this relationship is also likely to be positive as this informal arrangement is often built on respect. More over, this relationship is likely to be affected by culture and race. According to Lippman (1982) the third process in LMX theory is routinization. It is in this phase that a continuous social exchange between the two parties is established. This relationship is built on trust and there is a tendency to find a member of senior teams having similarity with their leader. Maas, Ceccarelli and Rudin (1996) add that the members are reasonable, sensitive, empathetic and are able to follow the idea of their leader. On the contrary the members of the out-group have opposite characteristics. In particular, they are likely to be aggressive, sarcastic and egocentric. Lippman (1982) describes the in-group members as having more confidence, more involved, communicative and being more dependable. In addition, these members go beyond their formal job description and as such the leader reciprocates by expanding their role. The members of the outer group are less compatible with the leader and just report to work, carry out the responsibilities given and go back home. Ainslie (1974) is of the opinion that under this theory the member of the in-group is more productive owing to this social exchange with their leader. Indeed, under LMX there is likely to be less workers turnover, more positive performance, more positive performance evaluations, more promotions, greater participation and support for the leaders vision and positive job attitude (Ainslie, 1975). This theory has strength as those who contribute more are able to enjoy more benefits than new members of the out-group. It identifies the dyadic relationship and underlines the importance of effective leader member exchanges. However, the leaders need to be careful on whom they allow in the in-group and should only bed one on the work performance only. This should not be based on race, ethnicity, sex or religion. The critics of this find it unfair as the members are treated unequally. Transformational leadership According to this theory transformational leadership is a process that changes people. It entails dealing with the emotions, values, standards, ethics and long-term goals. The followers motives and needs are satisfied by having a visionary leadership. The two parties are bound together in a transformations process. According to Bass (1990) the leaders transform the followers through: Making them aware of the importance and the value of the task. Making the followers understand the importance of focusing on the organizational goals rather than individual interest Activating their high-order needs In his argument Bass (1990) finds that charisma is necessary as it helps to invoke positive and strong emotions. In addition, it also causes the followers to identify with the leaders. Charisma is defined as a personality characteristic and gives the holder superhuman powers. It is only possessed by a few and is often regarded to have divine origin. The writer further argues that authentic transformational leadership is based on idealized influence, intellectual stimulation, inspirational stimulation and individualized consideration (Ainsworth, 1963). The idealized influence describes the leaders who have strong role models characteristics. The followers are happy to identify and emulate these leaders. Through inspirational motivation the leaders communicate their high expectations to their followers. They followers become inspired and become a part of the organizations goal and vision. On the other hand, through the concept of intellectual stimulation the followers are made to be mo re creative and innovative (Graen Cashman, 1975). This is achieved by the leader giving them the right platform where they challenge their own beliefs and values. The followers are also able to question the values of their leader. By individual consideration the leaders provide an enabling climate in which they listen and address the individual concerns raised by their followers (Granovetter, 1973). This also based on the three moral aspects which include The moral character of the leader The ethical values in the leaders vision. This may either be accepted or rejected by the followers. The level of the morality of social ethical processes that the followers and the leader use. However, Burn (1978) looks at transformational leadership as a prowess in which the leaders and followers are engaged in the mutual process of uplifting, motivating others and lifting up the morality. This theory assumes that a leader who has a high moral position is likely to attract a following. It could also be argued that the leaders appeal to the higher ideals and values which the followers are highly attached to. The followers have a shared background on social values and this encourages them to collaborate rather than each following his or her individual interests. It could be argued that leaders who promote this leadership invoke motivation and instill sense of identity and meaning to the workers. According to a research by Bennis and Nanus the leaders had a clear vision of the future of their establishments (Ainsorth, 1978). In addition, they were social architects and motivated the workers by building trust. This is possible through making a clear position and standing by it. As Bailey (1985) puts it the leaders use creative deployment of self through positive self regard. According to North House (2007) the theory has been well researched since 1970s and shares similar idea with the expectations of the society. Moreover, this theory treats leadership as a process which takes place between the leaders and the followers. A big emphasis is also is put on the followers needs vales and morals. The cons of this theory are that the leader seems to work on his or her own and does not allow input from the followers. It is also elitist and undemocratic and is not likely to work where the decision making is supposed to be a shared responsibility. The four constructs; inspirational motivation, individualized consideration, idealized influence and intellectual stimulation are hard to measure. These constructs are also similar to each other and is hard to make out their difference. A questionnaire ideal for this theory Not at all once in while sometimes Fairly Often Frequently 0 1 2 3 4 Idealized influence (attributes) I go beyond self interest for the good of the group ___ Idealized influence (behaviors) I consider the moral and ethical consequences of decisions ____ Inspirational motivation I talk optimistically about the future ____ Intellectual stimulation I re-examine critical assumptions to question whether they are appropriate ____ Individualized consideration I help others to develop their strengths ____ Situational leadership The leader need not rely on transactional and transformational methods only and the best cause of action that leader has to take depends on situational factors. Some of the factors likely to affect the situational decisions include motivation and the capability of followers. Yukl (1989) identifies six variables. The subordinate effort is concerned with the motivation and the effort put. The subordinate ability and clarity is concerned with followers understanding their role and how to do it. The organization of work is important and looks at how the work is structured and also the utilization of resources. The other variable is the cooperation and the cohesiveness of the group. The availability of resources and support is also important. Finally, Yukl also cites external condition as the sixth variable and defines the need to collaborate with other groups. Tannerbaum and Schmidt (1958) found out that the forces in the situation, in the leader and the followers as the forces leading to the leaders action. Similar sentiments were shared by Maier (1963) who observed that leaders need to look at the possibility of the followers agreeing with certain a decision and also the importance of carrying out that task. As such the leader is encouraged to take a certain action to avoid the implication of failing to do so. According to this style the leader is meant to come up with the style of leadership depending on the willingness and the commitment of the follower in performing a particular task. Directing This becomes necessary where there is low competence and commitment from the follower. The leader is not highly concerned with the relationship between him or her and the follower but makes sure the tasks are carried out. This also becomes necessary as the incompetence is corrected by the role the leader plays. Take for instance a situation where instead of the leader taking a directing role, he or she seeks to find out the reason why the follower is not motivated and why he or she is not capable of carrying out a particular task. This could leave some work undone as the leader will refrain from assigning duties which he feels the follower cannot perform well. The followers also end up having low confidence which affects their output. Coaching This applies when the follower has some competence or is over confident on his or her capabilities. Telling such followers what to do may de-motivate them and resistance is likely to result. This makes the leader to look for an alternative on how to work, clarify and explain decisions. This calls for the leader to spend time listening and advising where he or she feels necessary. The follower is able to refine his or her skills through this coaching. Supporting This is necessary when the follower can do the job but is not putting in enough commitment. This case differs from the above cases as the leader is not concerned with showing the follower what to do. It also becomes important for the leader to engage with the follower to identify the reasons why he or she is refusing to cooperate. Motivation becomes the key to improving the followers performance. The leaders should take time listening and praising the follower whenever he or she makes an achievement. Delegating This according to Hersey and Blanchard (1999) is applicable when the follower is highly competent, is highly committed, is motivated and is able and willing to carry out the various tasks assigned. The follower should be left alone to go on with the delegated duties although a distant eye from the leader is necessary. This is necessary in order to monitor how the follower is progressing. Although the followers do not need support and frequent praise it is recommended for the leader to occasionally recognize their efforts. Normative model According to Vroom and Yetton (1973), decision on acceptance increases commitment and participation increase decision acceptance. The decision quality helps in selecting the best alternative and is applicable when there are several alternatives. This becomes necessary when there are serious consequences for not doing so. The decision acceptance on the other hand is concerned with the acceptance of the decisions the leader makes. Leaders should focus more on decision acceptance than decision quality. Vroom and Yetton (1973) came up with five different decision procedures. The first one is when the leader knows information and then makes the decision alone. The second one is when he or she obtains the information from the followers and then makes the decision alone. These two are autocratic and the followers are sidelined in the decision making. The leader may also opt to share the problem with the followers individually. He or she then listens for their input and makes the decision al one. Alternatively the leader shares the problem with the followers but this time as a group. He then notes down their ideas but makes the decision alone. These two procedures are consultative and the participation of the followers is valued. Finally the leader may shares the problem with the group and the decision is arrived at through consensus. However there are situational factors that are likely to affect these five alternatives. The first two methods are not recommended when the followers possess useful information. In addition, this it is not also recommended when the decision quality is pivotal. When the leader sees decision quality as vital but the members do not then group based decision making should be avoided. This is necessary in avoid the implication of the bad decision making where a consensus solution is arrived at. On the contrary, if the leader feels he or she lacks the right skills and information to handle an unstructured problem a collective a decision arrived through consensus becomes appropriate. Similarly, when the decision acceptance is important and the followers are likely to resist an autocratic decision a leader then the first two methods where the leader sources information from them and then makes the decision are inappropriate. When decision masking is highly valued and the members are unlikely to acceptance each others idea then it is in-appropriate to use the autocratic methods or share the problem with them individually. This is because the differences are unable to be resolved if these methods are used. When the decision quality is not essential but decision acceptance is paramount then a group based decision becomes a must to avoid disgruntled followers. The same case applies when the decision quality is of essence and the followers consent with this. Path-Goal Theory The theory was inspired by Mark G. Evans from the expectancy theory. The perception of the degree to which a particular will result to a certain outcome is important (Dawes, 1996). The leaders behavior should be source of inspiration to the subordinates and should also be able to motivate them. The theory is based on the idea that the leaders should offer encouragement and support to their followers. This is ensured by rewarding the followers. The leader should also clarify the path to the subordinates so they can make a choice on their own. The leader should also remove the hurdles which stand on the followers paths. It is also worthy to point out that the leaders may opt to take a limited or full approach in supporting the members. For instance, the leader may give directions or offer hints. House and Mitchell (1974) argue that under this theory four leadership styles can be found. Directive leadership The leader guides the followers appropriately and directs them what to do. This may also entail offering them time-lines on the duties to be carried out and when. This is also recommended where the task given to the members is unstructured. As such the followers are likely to find it hard understanding the role required Participative leadership The leaders also consult with their followers before arriving at a decision. This becomes even more important when the insight from the members is likely to be invaluable. Supportive leadership In increasing the followers work performance it is necessary to show concern for their welfare. The leader should also create a friendly working environment and this is especially recommended where the work is stressful. Achievement-oriented leadership The leader sets challenging goals in work and for self-improvement. In such an instance, the leader sets high standards which the followers are encouraged to attain. The leader also places a lot of faith in their ability to perform the tasks assigned. When the role is complex this method becomes appropriate. The leaders are meant to show the way which the members are expected to follow. The leadership should have foresight and should be able to see the way of achieving goals in future. The followers depend on the leader for the guidance. It also worth mentioning that this theory assumes that the leaders change their leadership styles according to contextual factors. The theory proposes two contingency variables; environment and follower characteristics (Evans, 1970). These variables affect the behavior outcome relationship. The environmental factors determine the type of leader behavior which is appropriate. This is necessary in order to maximize the follower performance. On the other hand, the follower characteristics are concerned with the locus of control, perceived ability and experience (Deci, 1971). These four styles are receptive to the needs of the followers and adapt towards the prevailing situation making the leader to be more effective.

Parking on Campus Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Parking on Campus is a Pain New students entering Western Michigan University are allowed to have a car on campus. With every new freshmen class entering each year, parking poses a problem. WMU is already limited in its parking on campus and since freshmen are allowed to have cars, the students are faced with the dilemma of having nowhere to park or parking quite far from their destination. There are parking problems all over the campus, creating backups in residence hall and other lots, resulting in students parking illegally to avoid walking far distances, which can be quite irritating in the bitter cold. Parking closer seems like the rational thing to do, but it is a risk, which can result in hundreds of dollars worth of traffic tickets, or having your car toed away. Having a car last semester, it was very inconvenient for me to park when it came to driving to class. I was disappointed by the amount of tickets I received, making my parents question whether I really needed a car. I might get a new car next semester but in all honesty I don’t really know if it’s worth it or not, especially if you're living on campus. Riding the bus only involves a shorter walk to class, and I can usually find rides to other places from someone else. Most students however, do want a car and shouldn’t have to think if they should really need one just because of the parking problem on campus. Parking legally by the residence halls is almost impossible. Students who live at particular dorms find themselves faced with the problem of having to park on the other side of campus. Students who live in the valleys comment that they are surprised with the numerous tickets that are written every day and how it isn’t always clearly spelled out where they can park. They complain on how some parking spaces involve lengthy walks in the freezing cold weather, and how easily the lots fill up. Whenever I'm riding with someone and they have to park by my hall or any other, they usually park in the 30 min parking and leave their car there for hours, or in the faculty lots to avoid walking from the lot up the hill. These actio... ...the school eventually gets enough funding they could build more student lots in more well-located spaces, which would greatly reduce the problem. Removing certain designated letter labeled parking lots would construct a first come first served system for everyone, reducing the amount of tickets issued. Parking has become a problem concerning many more students compared to staff. With enough funding, voting, and hard work, I think that eventually they will think of more ways to make parking more convenient for everyone.   Ã‚  Ã‚  Ã‚  Ã‚  Parking has been a problem on Western’s campus for a while. Only time will tell if it will get any better or not. The biggest contributing factor seems to be that freshmen are allowed to have cars, creating the dilemma of backed lots, parking somewhere else, or risking parking illegally in other spaces. Freshmen will continue to be allowed to have cars for now because WMU wants their students to have a certain level of freedom and make their own decisions. Realizing many lots will be backed can be a pain but it’s the price to pay for allowing every student to have a car on campus.

A paper on mother teresa for philosophy class Essay

â€Å"There is only one God and he is God to all; therefore it is important that everyone is seen as equal before God. I have always said that we should help a Hindu become a better Hindu, a Muslim become a better Muslim, a Catholic become a better Catholic.†(Mother Teresa) Mother Teresa was a unique soul that help and impacted many unfortunate people in this world by holding the word of god near and dear in her heart. She devoted her life to the dying, the cripple, the mentally ill, the unwanted, and fully enjoyed every minute of it. She was fulfilling her life mission to work among the poorest of poor. Mother Teresa was born in Skopje, or now know as Yugoslavia, on August 27, 1910. She was given the name Agnes Gonxha Bojaxhiu. She was one of five children born to Nukola and Dronda Bojaxhui, yet only three survived. Her brother described their family’s first years as being well of not he peasants life reported inaccurately by some. In fact the family lived in one of the two houses that they owned. In her childhood she attended Roman Catholic school. About the age of 12 she new that her lives calling was to help the poor. When she was 18 she joined the Sister of Laredo, and Irish community of nuns with a mission located in Calcutta. After only a few months of training in Dublin she was sent to India where she took her initial vows in 1928 as a nun. She then took upon the name Teresa from Saint Teresa of Lisieux, the Patron Saint of foreign missionaries, and also and also honoring Teresa of Avila. Upon taking her vows she was sent to St. Mary’s a high school for girls in the district of Calcutta. Here she started her career teaching history and geography which she throughly enjoyed for the next 15 years. It was in this somewhat protected environment for the daughters of the  wealthy that her new vocation developed and grew. Mother Teresa received her second calling in 1946 while on a train to Darjeeling for a 8 day of spiritual exercises. She knew at this very moment that she was â€Å"to serve amongst the poorest of poor.† â€Å"Christ is hidden under the suffering appearance of anyone who is hungry, naked, homeless, or dying.†(Mother Teresa) during the next two years she  pursued every avenue to follow ans never doubted the direction that God was leading her into. In 1948 she was granted permission to leave her post a the convent and begin ministry among the sick and needy. This permission was not easily granted she had to receive special permission from the Archbishop of Calcutta to serve the poor openly and on the streets. It was at this time that she shed the normal habit and wore the ordinary dress of an Indian woman, a plain white sari and sandals. This was also the year that she became a Indian citizen. â€Å"The poor do not our sympathy and our pity. The poor need our love and compassion.† (Mother Teresa) she first went to Patna for a few short months to prepare for her future work by taking a nursing course. She also at this time found a small hovel to rent and began her new mission in life. She started by teaching the children in the slums. Even though she had none of the proper equipment to run a proper school she made creative ways to let this system work. She tried her best to make the children of the poor literate and also to teach them basic hygiene. This school is still in work today it has currently more than 250 pupils. As the children became to know and love her, she started to visit the poor and ill in their families and all others in the surrounding shacks. She also was inquiring about all their basic necessities that were not being met. Within a year she found much needed help. Young woman were using her as an example to share with the poor some much needed compassion. Most of these young woman became the core of her Missionaries of Charity. Some of the woman offered food, clothing, use of buildings, medical supplies and also gifts of money. As the following grew the more and more services that Teresa and her followers could provide the huge number of suffering people. From the birth of Missionaries of Charity in Calcutta new vocations starting springing up in all parts of the world. Some of the mission include homes for the dying, refuges for the care and teaching or orphans and abandon children, treatment center and hospitals for those suffering from leprosy and many more but this list is endless. â€Å"I don’t know what God is doing. He knows. We do not understand, but of one  thing I am sure, He doesn’t make mistakes.† (Mother Teresa) In 1952 Mother Teresa opened the Nirmal Friday or Pure of Heart Home for Dying Destitutes in Calcutta. It was in this home that she and fellow sisters took in homeless Indians during the days before their deaths. Here Mother Teresa and other sisters cleaned the maggots from the rotting faces of the leprosy victims, washed emaciated bodies of the severely malnourished, and held the hands of the dying. All this so the unfortunate could die in peace and with some dignity. This was one of her philosophies on life: â€Å"People are hungry for God. Quite often we look but do not see. We are all passing through this world. We need to open our eyes and truly see..† â€Å"Love does not measure; it just gives.† (Mother Teresa). In 1962 she received the Padma Shri award for distinguished, The Pope John XXIII Peace Prize in 1971, the Nobel Peace Prize in 1979, the Presidential Medal of Freedom in 1985, and the Congressional Gold Medal in 1997. She gratefully accepted all the awards on the behalf of the poor and used all proceeds to help her centers for the poor. It was not until 1980 that she actually was forced to scale back her activities because of her declining health. And in 1987 she officially stepped down as the head of the order and her predisuccessor Sister Nirmala was sworn in as the new leader. Mother Teresa still worked in her projects just on a smaller level until her dying day. â€Å"All of us must be saints in this world. Holiness is a duty for you and me. So let us be saints and so give glory to the Father.† (Mother Teresa). On September 5, 1997 Mother Teresa ate her last meal and afterward returned to her room for silent prayer. And very peacefully she took her last breath. Her funeral service was help in September 13, 1997. This was 51 years after receiving her first vows from God. In her own eyes she was â€Å"God’s pencil- a tiny bit of pencil with which he writes what he likes.† At her death she had an enormous following. Missionaries of Charity had 4,000 nuns and ran 517 orphanages, soup kitchens, homeless shelters and clinics around the world. The groups headquarters are only located 5 minutes where Mother Teresa life started. â€Å"We can do no great things in life, only small things with love.† (Mother Teresa). On October 25, 2003 Pope John Paul II will beatify Mother Teresa of Calcutta. The beatification of the Macedonia born nun will take place in Rome, three days after the Pope celebrates his 25 year of papacy. The process leading to the beatification has been the shortest in modern history. In early 199, John Paul II waived the normal 5 year waiting period and allowed the immediate opening of her canonization cause. In 2002, the Holy Father recognized the healing of a Indian woman as the miracle needed to beatify Mother Teresa of Calcutta. The healing that occurred was on the first anniversary of Mother Teresa’s death. It involved a non Christian woman that had a huge abdominal tumor and woke up to find the tumor gone. Members of the Missionaries of Charity prayed for their founder intervention to help the sick woman. And it seems that her spirit once again helped a poor soul regain her dignity and love of life back. Even from the grave Mother Teresa is helping the less fortunate. In 2001, on the Feast of the Assumption of Mary, officials closed the diocesan inquiry into Mother Teresa’s sanctity. The year-long process of gathering testimony from those who knew of her and her work is the first major step to Sainthood. The previous year in Calcutta marking Mother Teresa’s birth anniversary, Hindu, Sikh, and Muslim admirers joined for a common prayer in speeding up her canonization process. Her follower have great faith that the miracles needed to make Mother Teresa a saint will be provided. These miracles are required to prove her sainthood. I am not a religious person but I also believe that she will become a saint sue to her great love of helping others. She has not only brought people closer together and helped too many people to count. She found her love of God the way to help others. She is one in a million and deserves respect from all people. She has brought people from many religious backgrounds together and taught them: With love comes great responsibility, and this had actions. She was a person that let nothing stand in her way. Thus proving to everyone to make a difference. She is a great philosopher of the world. Touching many people in her life time and bringing dignity to the poor. â€Å"God made the world wealthy enough to feed and clothe everyone.† (Mother Teresa). She brought her love of God to the world and presented it to everyone never doubting her faith and mission in life. I think that everyone could learn from her example, and make a difference in this world. There are a lot of great people in this world and I think she proves that regardless of religious affiliation we can all join together for a common cause. To help anyone in need. â€Å"There is no greater sickness in the world today than the lack of love.† (Mother Teresa) Bibliography Mother Teresa: A Complete Authorized Bibliogrophy By Kathy Spink, Printed in Sepember of 1998 Something Beautiful for God By Malcolm Muggeridge, Printed in November of 1996 Mother Teresa the Path of Love Homepage

Dr Ram Manohar Lohiya National - Free Essay Example

Sample details Pages: 15 Words: 4357 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? For the purpose of making project in the subject Administrative Law, a very distinct and important topic has been taken as the central issue of it. The Doctrine of Substantial Ultra Vires which is the present issue in concern is a substantial principle of administrative law having its own importance and influence in the legal scenario irrespective of the boundaries of law. Therefore the research would be deliberating upon the topic concerned. Research methodology to be followed: To deliberate upon the issue Doctrine of Substantial Ultra Vires will be dealt in a systematic and particular way. In this regard, Doctrinal approach has been adopted and compilation from literary sources, course materials, articles, reviews, e-databases and books have been given special importance. Along with founding sources the recent developments in form of judicial pronouncement and case study has also been incorporated in this project. Don’t waste time! Our writers will create an original "Dr Ram Manohar Lohiya National" essay for you Create order The Doctrine of Ultra Vires: An Introduction The doctrine of ultra vires is the basic doctrine in administrative law. The doctrine envisages that an authority can exercise only so much power as is conferred on it by law. An action of the authority is intra vires when it falls within the limits of the power conferred on it but ultra vires if it goes outside this limit. The doctrine of ultra vires has two aspects: substantive and procedural. When a piece of delegated legislation is declared to be ultra vires, it is void and becomes unenforceable. It cannot affect the rights and duties of any person. Until a rule is declared invalid by a court, it is presumed to be valid. If the valid and the invalid parts of a rule can be severed, only then the invalid portion of the rule is quashed and the valid portion can continue to remain operative. However, if the valid and the invalid parts are inextricably mixed up, then the entire rule has to go. A void rule cannot be the basis of any administrative action. No one can be prosecuted under a void rule. The validity of a rule can be challenged in a court either directly or collaterally, or by way of defense to a civil claim based on the impugned rule, or as a defense in a prosecution for infringing the rule. A person can challenge the validity of administrative action by challenging the validity of the relevant rule. A person whose interest is affected adversely by a piece of del egated legislation can directly challenge its vires in a court. The court may grant an injunction or declaration or issue mandamus or award damages to the affected person as may be suitable. If the subordinate or delegated legislation goes beyond the scope of authority conferred on the delegate or it is in conflict with the parent or enabling act, it is called substantive ultra vires. The validity of the subordinate or delegated legislation may be challenged before the Courts on this ground. Grounds on which Delegated legislation may be challenged Enabling or Parent Act is unconstitutional: In India, there is supremacy of the Constitution and therefore an act passed by the Legislature is required to be in conformity with the constitutional requirement and if it is found to be in violation of the constitutional provisions, the court declares it unconstitutional and void. If enabling or parent act (i.e the act providing for the delegation) is void and subordinate or delegated legislation made under the act will also be declared to be unconstitutional and therefore void. The limits of the Constitution may be express and implied. Express Limit: Articles 13, 245 and 246 provide the express limits of the constitution. Article 13(1) provides that all laws in force in the territory of India immediately before the commencement of the constitution in so far as they are inconsistent with the provisions of Part III (fundamental rights) shall, to the extent of the contravention, be void. According to article 13(2), the state shall not make any law which takes away or abridges t he rights conferred by part III (i.e the Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void. Article 13(3) makes it clear that for this purpose, unless the context otherwise requires , law includes any ordinance, order, by law, rule, regulation, notification, custom or usage having in the territory of India, the force of law. The legislature, thus, cannot violate the provisions of part III of the constitution granting the fundamental rights. If the parent or enabling Act is violative of the Fundamental Rights granted by part III of the constitution, it will be declared by the court as unconstitutional and void, and the subordinate or delegated legislation made under the act will also be held to be unconstitutional and void. Article 245 makes it clear that the legislative powers of the parliament and that of the state legislatures are subject to the provisions of the constitution. Parliament may make laws for th e whole or any part of the territory of India and the legislatures of a state make laws for the whole or any part of the state. No law made by the parliament shall be deemed to be invalid on the ground that it would have extra territorial operation. The state legislature can make law only for the State concerned and, therefore, the law made by the state legislature having operation outside the state would be invalid. In the matter of Cauvery Water Disputes Tribunal, the Karnataka Cauvery Basin Irrigation Protection Ordinance, 1991 was declared unconstitutional on certain grounds including the ground that it had extra territorial operation inasmuch as it interfered with the equitable rights of Tamil Nadu and Pondicherry to the waters of Cauvery River. In short, no law made by Parliament shall be deemed to be invalid on the ground that it would have extra territorial operation. However, the law made by the state legislature may be challenged on the ground of extra territorial opera tion. If the parent act is declared to be unconstitutional, then the delegated legislation made under such act would also be declared to be unconstitutional and thus, void. Article 246 makes provisions in respect of the distribution of powers between the powers between the Parliament and the State legislatures. From article 246 and the seventh schedule, it becomes clear that the subjects have been divided into three categories Union list, State list and Concurrent list. Parliament has exclusive power to make laws with respect to any of the matters or subjects enumerated in the Union list and of the legislature of any state has power to make laws for such state or any part thereof with respect to any of the matters or subjects enumerated in the State list. Parliament and State Legislatures both have power to make laws with respect to any of the matters or subjects enumerated in the Concurrent List, but In the case of conflict between the law made by Parliament and a law made by t he State Legislature with respect to such matter or subject, the law made by Parliament shall prevail and the laws made by the State Legislature, to the extent of repugnancy. be void, unless the law made by the State Legislature has received the assent of the President. Implied limit: If the Enabling or Parent Act violates the implied limit of the Constitution, it will be ultra vires the Constitution and therefore It will be void and the delegated legislation made under the Act will also be unconstitutional and void. The implied limit of the Constitution Is that essential legislative function entrusted to the legislature by the Constitution cannot be delegated by it. The essential legislative function consists of the determination of the legislative policy and its formulation as a rule of conduct. The legislature delegating its legislative power must lay down the legislative policy and guidelines regarding the exercise of tin delegated power by delegate. The delegation of essenti al legislative function is taken as abdication of essential legislative function by the Legislature and this is not permitted by the Constitution. In a case the Supreme Court has made it clear that the essential legislative function which consists of the determination of the legislature policy cannot be delegated. Such delegation would amount to abdication of the essential legislative functions. The Supreme Court has made it clear that the excessive delegation is not permissible. The doctrine of excessive delegation has played an important role in controlling the practice of delegated legislation. Excessive delegation is taken as abdication of essential legislative function by the legislature. The delegation must not be unguided and uncontrolled. If the delegation is excessive, the Enabling Act or Parent Act will be unconstitutional and therefore void and the delegated legislation made under such Enabling or Parent Act will also be unconstitutional and void. Subordinate or delegated legislation is ultra vires the Constitution: Sometimes it is found that the Enabling or Parent Act is not violative of the Constitution, but the subordinate or delegated legislation made under It violates the provisions of the Constitution. Such subordinate or delegated legislation will be unconstitutional and void, though the Enabling or Parent Act is perfectly valid. Thus, the subordinate or delegated legislation, (e.g., rules, regulations, by- laws, etc.) made under the Enabling or Parent Act may be unconstitutional while the Enabling or Parent Act is constitutional. Article 31-B of the Constitution of India is also notable here. The Acts and Regulations Included in the IXth Schedule of the Constitution are protected under Article 31-B against the ground of Infringement of any of the Fundamental Rights, but not against other grounds. The protection of Article 31-B is available only to the Acts or Regulations placed In the IXth Schedule of the Constitution. If an Act Is placed under the IXth Schedule, the protection of A rticle 31-B will be available to such Act, but this protection will not be available to the delegated legislation made under It. Thus, the delegated legislation may be challenged on the ground that it violates the Constitution, even though the Enabling or Parent Act under, which it has been made is protected by Article 31-B. (Legislature in 9th schedule is not under judicial scrutiny) (zamindari abolishment Act) Delegated legislation is ultra vires the Enabling or Parent Act: The validity of the subordinate or delegated legislation can be challenged on the ground that it is ultra vires the Enabling or Parent Act. If the subordinate or delegated legislation made by the delegate is in excess of the power conferred by the Enabling or Parent Act or is in conflict with the provisions of the Enabling or Parent Act or is made w ithout following the procedure required by the Enabling or Parent Act to be followed by the delegate, the delegated or subordinate legislation will be invalid on the ground that it Is ultra vires the Enabling or Parent Act. The validity of the exercise of power is tested on the basis of the Prussians as it stands currently and not on the basis of that it was before. When it is made in excess of the power conferred by the Enabling or Parent Act: The subordinate or delegated legislation is held to be ultra vires the Enabling or Parent Act when it is found to be in excess of the power conferred by the Enabling or Parent Act If the delegated legislation is beyond the power conferred on the delegated by the Enabling Act, it would be Invalid even if it has been laid before the Legislature. Where an administrative authority Is empowered by the Enabling Act to make by-laws to regulate market and the authority makes by-law which prohibits running of cattle market the by-law will be ultra vires the Enabling Act. In S.T.O. v. Abraham the Act empowered the Government to carry out the purposes of the Act the Government made rule so as to fix the last date for filing the declaration forms by dealers for getting the benefit of concessional rates on inter-State sales. This rule was held to be ultra vires the Enabling Act on the ground that the Act empowered the Government for making rules for prescribing the particulars to be mentione d in the forms and it was not given power to prescribe a time-limit for filling the form. When delegated legislation is in conflict with the Enabling or Parent Act: When the delegated legislation is found to be directly or indirectly in conflict with the provisions of the Enabling Act or Parent Act, it is held to be ultra vires the Enabling or Parent Act. In Delhi Transport Undertaking v. B.R.I. Hajelay, a rule was declared Invalid on the ground that it was in conflict with the provisions of the Enabling or Parent Act, According to Section 92 of the Delhi Corporation Act. 1957, all persons drawing salary less than 350 rupees per month shall be appointed only by general Manager of the Delhi Transport Undertaking. According to Section 95 of the Act, no person can be dismissed by any authority subordinate to the authority who has appointed him. The rules made under the Act empowered the General Manager to delegate all his powers to the Assistant General Manager. The rule was held to be In conflict with the aforesaid provision of the Parent Act. The effect of the rule was that a person appointed by the General Manager could be dismissed by the Ass istant General Manager. i.e. a person could be dismissed by an authority subordinate to the authority who had appointed him while Section 95 of the Act provided that no person can be dismissed by an authority subordinate to the appointing authority. Thus, the rule was in conflict with Section 95 of the Act. Consequently the rule was held to be invalid. When delegated legislation is made by authority exercising its power mala fide: When the subordinate or delegated legislation is made by the administrative authority exercising its power mala fide or with ulterior motive, It is held to be ultra vires and, therefore, invalid. When the delegated legislation is unreasonable and arbitrary: Wwhen the de1egated legislation is found unreasonable and arbitrary, it is declared invalid. In India, in some cases to High Courts express the view that the delegated legislation cannot be challenged on the grounds of unreasonableness. However, the view of the Courts is that the delegated legislation may be challenged on the ground of unreasonableness and arbitrariness. In India doctrine of unreasonableness has been given the solid base of Article 14. The delegated legislation which is unreasonable and arbitrary can be challenged on the ground that it is violative of Article 14. In Air India v. Nargesh Meerza, a regulation provided that an air hostess would retire from the service attaining the age of 35 years or on marriage within 4 years of service or on first pregnancy, whichever occurred earlier. The regulation authorized the Managing Director to extend the age of retirement to 45 years at his option if an air hostess was found medically fit. The Regulation did not contain any guidelines or policy according to which the discretion conferred on the Managing Director was to be exercised. The regulation conferred on the Managing Director was unguided and uncontrolled discretion. The termination of service of an air hostess on pregnancy was unreasonable and arbitrary. The regulation was held to be violative of Article 14 as it was unreasonable and arbitrary. Briefly stated, the principle is that the delegate cannot make a rule which is not authorized by the parent statute. If the subordinate legislative authority keeps within the bunds of the power delegated, the delegated legislation is valid, however, if the authority exceeds the power delegated, then the courts will certainly declare it to be ultra vires. Substantive ultra vires means that the rule making authority has no substantive power under the empowering act to make rules in question. It refers to the scope, extent and range of power conferred by the parent statute to make delegated legisla tion. Briefly stated, the principle is that the delegate cannot make a rule which is not authorized by the parent statute. If the subordinate legislative authority keeps within the scope and bounds of the power delegated, the delegated legislation is valid; but if it fails outside the scope of the power, the courts will declare it invalid. Delegated legislation to be valid must fall within the four corners of the powers conferred by the statute. Declaring a rule in the Karnataka Motor Vehicle Rules, 1963, ultra vires the Motor vehicles act, 1939, as a rule was inconsistent with a section in the act, the Supreme Court declared in State of Karnataka v H. Ganesh Kamath that the rule making power cannot include within its scope the power to make a rule contrary to the provisions of the Act conferring the rule making power. Conferment of a rule making power by an Act does not enable the rule making authority to make a rule which travels beyond the scope of the enabling Act or which i s inconsistent therewith or repugnant thereto. As the Supreme Court has emphasized in State of U.P v Renusagar Power Co., if the exercise of power is in the nature of subordinate legislation, the exercise must conform to the provisions of the statute. All the conditions of the statute must be fulfilled. The doctrine refers to the extent, scope and range of power conferred by the parent act on the concerned authority to make rules. Conferment of rule making power by an Act on an authority does not enable the rule making authority to make a rule which is beyond the scope of the enabling act, or which is inconsistent therewith or repugnant thereto. Substantial Ultra vires Procedural Ultra vires: a Comparison When delegated legislation is In conflict with the procedure prescribed by the Enabling or Parent Act When the delegated legislation is found to be in conflict with the procedure prescribed by the Enabling Act, it is held to be ultra vires the Enabling Act and, therefore, void. If the delegated legislation is made without following the mandatory procedure prescribed by the Enabling or Parent Act, It will be ultra vires the Enabling or Parent Act and, therefore, invalid. It is to be noted that the delegated legislation will be held to be invalid on the ground only if the procedure prescribed by the Act is mandatory. In short, if the procedure required to be complied with in making the delegated legislation is mandatory and it is not complied with, the delegated legislation will be held to be invalid on the ground of procedural ultra vires. If the procedure prescribed by the Enabling Act is not mandatory but directory, its substantial compliance will be sufficient and thus in case of substantial compliance, It will not be invalid. In Raja Buland Sugar Co. v. Rampur Municipality, the U.P. Municipalities Act. 1916 provided that the draft rules must be published in a local Hindi daily. The draft rules were published in a local Urdu Daily. The Court held that what was mandatory was publication of the draft rules in a newspaper. Publication In a Hindi daily was only directory. Consequently, the Court held that the rules could not be held to be ultra vires the Enabling Act merely because they were published In Urdu daily, (instead of a Hindi daily). The publication was made in substantial compliance with the manner provided In the Act. Test of measuring the validity of Rules Rules have to be consistent with the provisions of the parent statute. A rule cannot enlarge the meaning of a statutory provision. A rule has to yield to the statutory provision. If a rule goes beyond what the section in the Act contemplates, the rule has to go. A rule is ultra vires when it goes beyond the authority conferred on the rule making body by the relevant statute. To be valid, a rule must fulfill two conditions, they are: it must conform to the provisions of the statute under which it is framed; and it must also come within the scope and purview of the rule making power of the authority framing the rule. If either of these two conditions is not fulfilled; the rule would be void. To apply the doctrine of ultra vires, the court has first to interpret the statutory provisions to determine the scope of delegation of power, then to interpret the delegated legislation in question and finally, to adjudge whether the same is within, or without, the statutory power conferred. Difficulty in application of the Doctrine of Ultra Vires The efficacy of judicial control of delegated legislation is very much dependant on how broad is the statutory formula conferring power of delegated legislation is very much dependant on how broad is the statutory formula conferring power of delegated legislation on the delegate. Usually, the application of the ultra vires rule becomes very difficult because of three reasons: Powers are usually conferred in broad language. Ordinarily, the Courts interpret the enabling provision rather broadly. The courts adopt a deferential, rather than a critical, attitude towards delegated legislation. In India, the test of reasonableness is applicable to delegated legislation, both on general principles of administrative law as well as under such fundamental rights as are guaranteed under Constitution of India. Exclusion of judicial review Sometimes a clause is inserted in the Enabling or Parent Act for ousting the jurisdiction of the Courts to review the delegated legislation. This is called exclusion clause. Usually such clause contains the words rules made shall have effect as If enacted or Included in the Act Itself or rules made shall not be called in question in any Court. In England. in Institute of Patent Agents v. Lord Herschel expressed the view that such provision excluded the judicial review of the delegated legislation on the ground of ultra vires. However, In a later case, Minister of Health v. King. Lx Paste Yabbe. the view of Lord Herscheli has not been followed. In this case, the Court has held that inspite of the exclusion clause, the delegated legislation can be reviewed by the Court and can be declared invalid If it is found ultra vires the Enabling or Parent Act. Thus, in England, the present position is that Inspite of the exclusion clause, the subordinate or delegated legislation may be challen ged on the ground that they are ultra vires the Enabling Act. In India in a few cases the Supreme Court has adopted the view expressed by Lord Herschel in the case of Institute of Patent Agents v. Lockwood, stated above (the Supreme Court has held that such clause will exclude the Judicial review of the delegated legislation on the ground of ultra vires), but in some other cases, the Supreme Court has held that inspite of such exclusion clause, the delegated legislation can be reviewed by the Court. The present position is that inspite of such exclusion clause. the delegated legislation may be challenged before the Court on the ground that they are ultra vires and the Court can hold the delegated legislation invalid, if it finds them ultra vires. Case Study Implied limits of the Constitution are those laid down in In re Delhi Laws Act case, namely the laying down policy and enacting that policy into a binding rule of conduct. Section 7 of the Delhi Laws Act, 1972 delegated to the provincial government the power to extend to Delhi area with such restriction and modification any law in force in any part of British India. Section 2 of the Ajmer Merwaha (Extension of Laws) Act, 1947 delegated the power to the Government to extend to the province of Ajmer-Merwaha any law in force in any other province with such modification and restriction as it may deem fit any enactment which was in force in any part A state. it also empowered the Govt. to repeal or amend any corresponding law which was applicable to part C state. The legislature cannot delegate its essential legislative power to any other agency and if it so delegates the enabling would be ultra vires of the Constitution. In the said case the Court held that the later part of clause 2 i nvalid because it authorized the administrative agency to repeal a law, which in the opinion of the Court, is an essential legislative action. In Indian Council of Legal Aid and Advice v Bar Council of India the Supreme Court held that: a rule made by BCI barring qualified persons above the age of 45 years from enrollment as advocates, as ultra vires, a sit fell outside the power of BCI conferred by it by the Advocates Act, 1961, Section 49(1). In Additional District Magistrate (Revenue) Delhi Administration v Siri Ram the Delhi Land Revenue Rules 1962 made under the Delhi Land Revenue Act,1954, were declared ultra vires as being contrary to the Parent Act as well as another Act, by making the rules, the rule making authority had exceeded the power conferred on it by the Land Reforms Act 1954. Ajay Kumar Mukherjee v UOI is a case where Supreme Court has said that delegated legislation ultra vires the act by cutting down the breadth of the delegation to bring it in line with the object of the delegation of legislative power. The purpose or object of the conferment of the power must be borne in mind. Conclusion Thus, to draw conclusion it can be said that if the subordinate or delegated legislation goes beyond the scope of authority concerned on the delegate or it is in conflict with the Parent or Enabling Act, it is called substantive ultra vires. The validity of the subordinate or delegated legislation may be challenged before the Courts on this ground. It is a mechanism to curb down the exploitation of power by the administrative authority as we all know that power corrupts and absolute power corrupts absolutely. However in this field there is lack of development and there is no substantial change in the concept all though the changing nature of the current legislative method has widen the horizon of the power of the authority by giving them power to act according to the need of the time, even sometimes travelling beyond the restrictions.