IMPORTANT POINT
Delegation is the act of making or commissioning a delegate. It generally means parting of powers by the person who grants the delegation and conferring of an authority to do things which otherwise that person would have to do himself.

Headnote:The Major Port Trusts Act, 1963 –Section 21 – Issue pertaining to the determination of leases granted by the Kolkata Port Trust to the petitioners – The ejectment notices signed by the Land Manager – The said ejectment notices were challenged by both the petitioners before the Calcutta High Court – In the case of Universal Autocrafts Private Limited, Single Judge of Calcutta High Court allowed the writ petition holding that the Land Manager was not competent to issue the ejectment notice – In the writ petition filed by Sidhartha Sarawgi, Single Judge of the Calcutta High Court found a conflict between two earlier decisions and referred the matter to a Division Bench – The Division Bench held in favour of the Kolkata Port Trust in the case of both the petitioners – Petitions thereagainst – No dispute that decision to terminate had been taken by the Chairman only – In implementation of the decision thus taken by the Chairman to terminate the leases, the Chairman had authorized the Land Manager to issue the ejectment notices – The issuance of such notices was a mere ministerial act for the implementation of a decision already taken by the Chairman as delegated by the Board – The Chairman having duly authorized the Land Manager in that regard, it could not be said that the ejectment notice issued by the Land Manager was without jurisdiction – It was not a case of sub – delegation – It is merely a ministerial exercise of issuance of a notice in implementation of the decision, as per the specific authorization in that regard – No legal infirmity found in the impugned notices issued by the Land Manager of the Kolkata Port Trust, as noted by Division Bench of the Calcutta High Court, in the impugned judgment – The power is exercised only as duly authorized by the Chairman – The Land Manager is also otherwise competent to issue notices after due decision has been taken in that regard by the competent authority since he is the one who executed the lease deed – Special Leave Petitions having no merit dismissed. (Paras 16 to 20)
       Facts of the Case –
       Is there any exception and is there any distinction between delegation of legislative and non – legislative powers, are the moot issues arising for consideration in these cases. Issue herein in the instant case pertained to the determination of leases granted by the Kolkata Port Trust to the petitioners. In the case of Universal Autocrafts Private Limited, they were granted lease of a plot of land for 30 years .The lease deed was executed by Land Manager of the Kolkata Port Trust. On 05.02.2008, a letter was issued to the said petitioner to demolish an alleged unauthorized construction and eject the sub – tenants from the premises. The petitioner submitted its reply on 02.05.2008. Not satisfied with the reply, on 30.01.2009, a notice terminating the lease was issued. The ejectment notice was signed by the Land Manager. In the case of Siddhartha Sarawgi, the leases were terminated during the subsistence of the renewed period of 30 years, on the ground of sub – letting without consent of the Kolkata Port Trust. In this case also, ejectment notices were issued by the Land Manager. The said ejectment notices were challenged by both the petitioners before the Calcutta High Court. In the case of Universal Autocrafts Private Limited, Single Judge of Calcutta High Court allowed the writ petition holding that the Land Manager was not competent to issue the ejectment notice. In the writ petition filed by Sidhartha Sarawgi, Single Judge of the Calcutta High Court found a conflict between two earlier decisions and referred the matter to a Division Bench. The Division Bench held in favour of the Kolkata Port Trust in the case of both the petitioners. Present petitions have been filed against said order of High Court.
       Findings of the Court –
       There was no dispute that decision to terminate had been taken by the Chairman only . In implementation of the decision thus taken by the Chairman to terminate the leases, the Chairman had authorized the Land Manager to issue the ejectment notices. The issuance of such notices was a mere ministerial act for the implementation of a decision already taken by the Chairman as delegated by the Board. The Chairman having duly authorized the Land Manager in that regard, it could not be said that the ejectment notice issued by the Land Manager was without jurisdiction. It was not a case of sub – delegation. It is merely a ministerial exercise of issuance of a notice in implementation of the decision, as per the specific authorization in that regard. No legal infirmity was found in the impugned notices issued by the Land Manager of the Kolkata Port Trust, as noted by Division Bench of the Calcutta High Court, in the impugned judgment. The power is exercised only as duly authorized by the Chairman. The Land Manager is also otherwise competent to issue notices after due decision has been taken in that regard by the competent authority since he is the one who executed the lease deed. Special Leave Petitions having no merit were dismissed.
       Result – Special Leave Petitions dismissed

JUDGMENT

KURIAN, J. –

1. Delegatus Non Potest Delegare: A delegate has no power to delegate, is a well – settled principle. Is there any exception and is there any distinction between delegation of legislative and non – legislative powers, are the moot issues arising for consideration in these cases.

2. Delegation is the act of making or commissioning a delegate. It generally means parting of powers by the person who grants the delegation and conferring of an authority to do things which otherwise that person would have to do himself. Delegation is defined in Black’s Law Dictionary as “the act of entrusting another with authority by empowering another to act as an agent or representative”. In P. Ramanatha Aiyar’s, The Law Lexicon, “delegation is the act of making or commissioning a delegate. Delegation generally means parting of powers by the person who grants the delegation, but it also means conferring of an authority to do things which otherwise that person would have to do himself”. Justice Mathew in Gwalior Rayon Silk Manufacturing (Wvg.) Co. Ltd. v. The Assistant Commissioner of Sales Tax and Others[(1974) 4 SCC 98], has succinctly discussed the concept of delegation. Paragraph 37 reads as follows:

“37. … Delegation is not the complete handing over or transference of a power from one person or body of persons to another. Delegation may be defined as the entrusting, by a person or body of persons, of the exercise of a power residing in that person or body of persons, to another person or body of persons, with complete power of revocation or amendment remaining in the grantor or delegator. It is important to grasp the implications of this, for, much confusion of thought has unfortunately resulted from assuming that delegation involves or may involve, the complete abdication or abrogation of a power. This is precluded by the definition. Delegation often involves the granting of discretionary authority to another, but such authority is purely derivative. The ultimate power always remains in the delegator and is never renounced.”

3. There is a subtle distinction between delegation of legislative powers and delegation of non – legislative/administrative powers. As far as delegation of power to legislate is concerned, the law is well – settled: the said power cannot be sub – delegated. The Legislature cannot delegate essential legislative functions which consist in the determination or choosing of the legislative policy and formally enacting that policy into a binding rule of conduct [Harishanker Bagla v. State of M.P. – (1955) 1 SCR 380 (Page 388) Agricultural Market Committee v. Shalimar Chemical Works Limited – (1997) 5 SCC 516 (Paragraph 24)]. Subordinate legislation which is generally in the realm of Rules and Regulations dealing with the procedure on implementation of plenary legislation is generally a task entrusted to a specified authority. Since the Legislature need not spend its time for working out the details on implementation of the law, it has thought it fit to entrust the said task to an agency. That agency cannot entrust such task to its subordinates; it would be a breach of the confidence reposed on the delegate.

4. Regarding delegation of non – legislative/administrative powers on a person or a body to do certain things, whether the delegate himself is to perform such functions or whether after taking decision as per the terms of the delegation, the said agency can authorize the implementation of the same on somebody else, is the question to be considered. Once the power is conferred, after exercising the said power, how to implement the decision taken in the process, is a matter of procedure. The Legislature may, after laying down the legislative policy, confer discretion on an administrative agency as to the execution of the policy and leave it to the agency to work out the details within the framework of that policy [Khambalia Municipality v. State of Gujarat – AIR 1967 SC 1048 (P.1051)]. So long as the essentia

Click Here to Read the rest of this document

2014 Supreme(SC) 304

IMPORTANT POINTDelegation is the act of making or commissioning a delegate. It generally means parting of powers by the person who grants the delegation and conferring of an authority to do things which otherwise that person would have to do himself.

Cases Referred (6)

IMPORTANT POINT
Delegation is the act of making or commissioning a delegate. It generally means parting of powers by the person who grants the delegation and conferring of an authority to do things which otherwise that person would have to do himself.