AI Overview...
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Delegatus Non Potest Delegare - Application to Functions
The principle delegatus non potest delegare primarily applies to statutory, judicial, and quasi-judicial functions, emphasizing that a delegate cannot further delegate powers to another entity. It is generally inapplicable to administrative actions or ministerial acts. For instance, sources Rasida Khatoon W/o Mainuddin Khan vs State of Rajasthan - Rajasthan, Nagendra Nath Palit VS Robindra Narain Deb - Calcutta, Keshav Prasad Dubey VS State of U. P. - Allahabad, and NARENDRA KUMAR KHODANIYA Vs. STATE OF RAJASTHAN - Rajasthan clarify that this maxim restricts delegation in judicial and statutory contexts but does not extend to routine administrative or discretionary acts.
Rasida Khatoon W/o Mainuddin Khan vs State of Rajasthan - Rajasthan, Nagendra Nath Palit VS Robindra Narain Deb - Calcutta, Keshav Prasad Dubey VS State of U. P. - Allahabad, NARENDRA KUMAR KHODANIYA Vs. STATE OF RAJASTHAN - Rajasthan -
Judicial and Quasi-Judicial Contexts
The principle is upheld in judicial decisions, asserting that judicial powers must be exercised personally by judges, and delegation in such contexts is invalid. Courts have relied on this maxim to prevent re-delegation of judicial functions, ensuring accountability and integrity in adjudication.
Nagendra Nath Palit VS Robindra Narain Deb - Calcutta, Sahni Silk Mills Private LTD. VS Employees State Insurance Corporation - Supreme Court -
Administrative and Discretionary Powers
When it comes to administrative discretionary powers, the courts have recognized that the principle delegatus non potest delegare is often not strictly applicable, especially given the increased scope and complexity of administrative functions. The emphasis is on the nature of the act—ministerial or discretionary—rather than on strict non-delegation.
Rasida Khatoon W/o Mainuddin Khan vs State of Rajasthan - Rajasthan, MOUNT ABU EDUCATION SOCIETY (REGD. ) VS DELHI DEVELOPMENT AUTHORITY - Delhi, R. Veerayya, M. Siddalingaiah VS State Of A. P. - Andhra Pradesh, R. VEERAYYA AND M. SIDDALINGAIAH BY ITS PARTNER R. VEERAYYA VS State OF A. P. REPRESENTED BY ITS SECRETARY, HOME (TRANSPORT) DEPARTMENT, HYDERABAD - Andhra Pradesh -
Sub-Delegation and Ultra Vires Issues
Sub-delegation, or further delegation by a delegate, is generally considered ultra vires and invalid, rooted in the principle that powers cannot be further delegated beyond the original delegatee. This is reinforced by legal rulings and rules (e.g., Rules 189 and 190), which prohibit re-delegation to prevent overreach and ensure proper authority exercise.
R. Veerayya, M. Siddalingaiah VS State Of A. P. - Andhra Pradesh, Ramhet Tyagi VS State of M. P. - Madhya Pradesh -
Historical and Jurisprudential Perspectives
The maxim's origins and application in judicial contexts are supported by legal writings, such as John Willis (1943), emphasizing that judicial powers must be exercised personally, whereas administrative delegation is more flexible. The principle's role is to safeguard the integrity of judicial and statutory functions.
Sahni Silk Mills Private LTD. VS Employees State Insurance Corporation - Supreme Court, Nagendra Nath Palit VS Robindra Narain Deb - Calcutta
Analysis and Conclusion
The principle delegatus non potest delegare applies predominantly to judicial and statutory functions, preventing delegates from further delegating their powers to maintain accountability. However, its application to administrative acts is limited, given the practical needs of administrative efficiency and discretion. Sub-delegation is generally considered invalid in legal contexts, reinforcing the importance of direct delegation within authorized boundaries. Overall, the principle serves as a safeguard for judicial integrity but is more flexible in administrative settings.
Search Results for "Delegatus Non Potest Delegare Applies to Judicial Functions"
2025 0 Supreme(Raj) 1905 • India - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Principle of delegatus non potest delegare applies to statutory functions, not administrative actions. ... (A) Rajasthan Municipalities Act, 2009 - Section 39 - Judicial inquiry against elected member - Suspension order challenged - It ... The principle ‘delegatus not potest delegare’ cannot be applied to administrative actions or ministerial acts. This principle applies to statu....
1925 0 Supreme(Cal) 524 • India - Calcutta
PAGE
The court relied on the principle of delegatus non potest delegare and the rulings of the Judicial Committee of the Privy Council ... Ratio Decidendi: The court relied on the principle of delegatus non potest delegare, which states that a delegate cannot delegate ... The court also relied on the rulings of the Judicial Committee of the Privy Council, which established that a she....
2019 0 Supreme(All) 2261 • India - Allahabad
YOGENDRA KUMAR SRIVASTAVA
The court also highlighted the principle of delegatus non potest delegare and its applicability in the exercise of administrative ... The court highlighted the principle of delegatus non potest delegare and its applicability in the exercise of administrative discretionary ... Evans, wherein referring to the article “Delegatus non potest delegare” by John Willis, (1943) 21 Can. ......
2003 0 Supreme(Del) 440 • India - Delhi
SANJAY KISHAN KAUL
There is, thus, no violation of the maxim delegatus non postest delegare. ... Due to the enormous rise in the nature of the activities to be handled by statutory authorities, the maxim delegatus non potest delegare is not being applied specially when there is question of exercise of administrative discretionary power. ... 6. ... I, in respect of sub-delegation of powers it has been said : ... "in accordance with the maxim #HL_START....
1953 0 Supreme(J&K) 7 • India - Jammu and Kashmir
JANKI NATH WAZIR, M.A.SHAHMIRI
The Court held that the principle of delegata potestas non potest delegare is inapplicable to the Indian legislature. ... Shree Yuvaraj thus did not act as an agent or delegate of His Highness and the contention of the learned counsel for the appellants ... The Court held that Shree Yuvaraj was not a delegate of His Highness but was a replica of His Highness enjoying powers which in their ... Counsel for the appellants attacks these provisions because of the principle of delegatus #HL_....
1965 0 Supreme(AP) 214 • India - Andhra Pradesh
JAGMOHAN REDDY
RULES 189 AND 190 - ULTRA VIRES - DELEGATION OF POWER - SUB-DELEGATION - CONSTITUTION OF APPELLATE AUTHORITY - VALIDITY - SCOPE OF JUDICIAL ... It is this inhibition to sub-delegate which is expressed in the maxim "delegates non potest delegare" - a delegate may not re-delegate, which is most frequently applied in matters of principal and agent. ... "if as stated above, the basis of the rule is the deliberate selection of the person....
2011 0 Supreme(MP) 513 • India - Madhya Pradesh
SUJOY PAUL
is a distinction between an authority delegating its power to some authority and employing assistance to help in discharging its functions ... non potest delegare" does not apply.... ... ... By placing reliance on these paragraphs, learned counsel for the petitioner has relied on the age old legal maxim "delegatus non potest delegare", which means that a delegatee cannot further delegate the power. ... In the present case, since in....
1994 0 Supreme(SC) 635 • India - Supreme Court
KULDIP SINGH, N.P.SINGH, P.B.SAWANT
(Vide John Willis, "Delegatus non potest delegare, (1943) 21 Can. Bar Rev. 257, 259)". ... 13. ... The maxim delegatus non potest delegare was originally invoked in the context of delegation of judicial powers saying that in the entire process of adjudication a judge must act personally except insofar as he is expressly absolved from his duty by a statute. ... Due to the enormous rise in the nature of the activities to be handled by....
1965 0 Supreme(AP) 215 • India - Andhra Pradesh
JAGMOHAN REDDY
MOTOR VEHICLES ACT - RULES 189 AND 190 - ULTRA VIRES - DELEGATION OF POWER - SUB-DELEGATION - JUDICIAL REVIEW - WRIT JURISDICTION ... It is this -inhibition to sub-delegate which is expressed in the maxim "delegatus non potest delegare"-a delegate may not re-delegate, which is most frequently applied in matters of principal and agent. ... As a general proposition, it is well-settled beyond any controversy, that the maxim "....
2024 Supreme(Online)(RAJ) 26852 • India - High Court of Rajasthan (Jodhpur Bench)
JUSTICE DINESH MEHTA, J
non potest delegare' applies to statutory functions, not administrative actions. ... , 10, 24, 27) ... ... (B) Delegation of Authority - The principle of 'delegatus ... The principle ‘delegatus not potest delegare’ cannot be applied to administrative actions or ministerial acts. This principle applies to statutory judicial and quasi-judicial function....
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