AI Overview...
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Delegation of Authority - Generally, a delegatee cannot further delegate the powers unless explicitly permitted. The principle of delegatus non potest delegare is widely upheld, meaning that a delegate cannot re-delegate authority without specific authorization. For instance, the President of DCC, authorized to issue whips, could not further delegate this power from the General Secretary of KPCC to the President of DCC, as per legal principles and specific authorization constraints (Srimathi Bangera VS President (Acting), District Congress Committee, Madikeri - Karnataka).
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Legal Principles - The principle delegatus non potest delegare is reiterated across cases, emphasizing that delegation must occur within the scope of the original authorization. Any further delegation requires explicit statutory or authorized provision; otherwise, it is invalid (Keshav Prasad Dubey VS State of U. P. - Allahabad, Air Corporation Employees Co-operative Credit Society Ltd. VS Central Registrar of Co-operative Societies - Madras).
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Specific Cases - Courts have held that officers such as Tahsildars or District Collectors cannot further delegate their delegated functions unless the law explicitly permits. For example, the Tahsildar was instructed not to delegate functions to Circle Officers, as they are themselves delegates and cannot further delegate (Kotak Mahindra Bank Limited VS State of Maharashtra - Bombay). Similarly, the District Collector had the locus standi to challenge an order as a delegate of the State Government, reaffirming the authority of delegates to challenge or exercise powers within their scope (The District Collector Tirunelveli District VS Government of India rep. By its Secretary - Madras).
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Re-delegation Restrictions - Courts have emphasized that re-delegation is only permissible if justified and within the parameters set by the original delegation. Unjustified re-delegation or further delegation beyond the scope is invalid. In one case, the Central Registrar's delegation was scrutinized to ensure compliance with the statutory framework, reaffirming that the scope of delegation must be clear and within legal bounds (Air Corporation Employees Co-operative Credit Society Ltd. VS Central Registrar of Co-operative Societies - Madras).
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Legislative and Administrative Delegation - Delegation often involves administrative functions rather than legislative powers. The courts distinguish between delegated legislation (rules, regulations) and administrative functions, clarifying that policy decisions are generally left to the legislature, while administrative powers can be delegated but within statutory limits (Hassan VS Sales Tax Officer Manjeri - Kerala).
Analysis and Conclusion:
The principle delegatus non potest delegare is fundamental in administrative law, emphasizing that a delegatee cannot further delegate powers unless explicitly authorized by law or statute. Courts consistently uphold this principle, requiring that delegation and re-delegation occur within the scope defined by the original authority. Any further delegation without proper legal backing is invalid, ensuring accountability and adherence to statutory limits. This principle maintains the integrity of delegated authority and prevents unauthorized exercise of powers by sub-delegates.
Search Results for "In Law Delegatee can further Delegate the Authorisation"
2017 0 Supreme(Kar) 439 • India - Karnataka
R.S.CHAUHAN
that President of DCC not having authority to issue whip – Resolution dated 06.01.2014, authorizing President of KPCC to directly delegate ... Maxim – Delegatus non potest delegare – Applicability. ... power of issuing whip to President, DCC – According to authorization letter, President empowered General Secretary, to authorize ... But, the said power could not be further delegated from General Secretary, KPCC, to the President, DCC. For, it is an established principle of law that a delegate....
2023 0 Supreme(Bom) 1298 • India - Bombay
G. S. KULKARNI, RAJESH. S. PATIL
We direct the Tahsildar not to delegate said function to the Circle Officer because in law he himself is a delegatee and cannot further delegate the authorisation. ... We do not find any prohibition under the scheme of the SARFAESI Act that comes in the way of District Magistrate or his delegate to reexercise the powers to execute the orders passed under section 14.[emphasis supplied ] 30. ... It is not only the matter of physical altercation, but would tantamount to assault on the #HL....
2020 0 Supreme(Guj) 190 • India - Gujarat
J.B.PARDIWALA, BHARGAV D.KARIA
The power under Section 69 of the Act can be exercised by the authority upon whom the power is delegated provided the delegatee has ... The power under Section 69 of the Act can be exercised by the authority upon whom the power is delegated provided the delegatee has ... The very same reasonable belief will be that of the authority upon whom the power is delegated. ... However, administrative functions need not necessarily be discharged by the Judges by themselves, whether individually or collectively o....
2010 0 Supreme(Del) 8 • India - Delhi
MANMOHAN
Public notice inviting bids for development of City Gas Distribution (CGO) and quashing of order rejecting IGLs application for authorisation ... making multi-member Board vested on a collegiums consisting of experts in the field petroleum and natural gas, management, finance, law ... Regulatory Board Act, 2006 - Sections 1(3), 2(d)(B), 4, 6, 7, 8(3), 16, 17, 18, 19, 20(3), 23, 24, 48, 58, 62 – The power to grant authorization ... A delegatee must exercise its powers within the four corners of the statute. The power of a....
1960 0 Supreme(Ker) 387 • India - Kerala
M.A.ANSARI, M.MADHAVAN NAIR
legislation by suggesting that questions of policy have been left to the delegate. ... The proviso does not delegate legislative power, but confers administrative functions entirely valid within principles established by numerous decisions of this Court. ... is now a settled form of delegated legislation. ... ... In our opinion, where the Legislature has declared the policy, the legal principle, which is to control, the standard to guide the executive, the authorization to frame rules or to grant exemption would not be ....
2010 0 Supreme(Mad) 5507 • India - Madras
S.NAGAMUTHU
Finding of the Court: The court found that the District Collector had locus standi to challenge the impugned order as a delegate ... Ratio Decidendi: The court held that the District Collector, as a delegate of the State Government, had the authority to challenge ... Therefore, though there is no specific authorisation given by the Government to the District Collector to file the writ petition, I am of the clear view that the District Collector has locus standi to challenge the impugned order as delegate of the Governm....
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 ... By now it is almost settled that the legislature can permit any statutory authority to delegate its power to any other authority, of course, after the policy has been indicated in the statute itself within the framework of which such delegatee is to....
2016 0 Supreme(Ker) 192 • India - Kerala
ASHOK BHUSHAN, A.M.SHAFFIQUE
The Court held that the State Government's exercise of delegated power under Section 5 could not override the Central Government's ... Fact of the Case: The State of Kerala issued the 1981 Order in exercise of powers delegated to it by the Central Government ... Section 3 of the 1955 Act to issue Orders regulating petroleum products could not be overridden by the State Government's exercise of delegated ... ... At common law, it is the transfer of authority by one person to another, the act of making or commissioning ....
2023 0 Supreme(Mad) 75 • India - Madras
ANITA SUMANTH
Thus, the delegated authority cannot re-delegate unless there is some reasoning why it should be. ... In this case, the Central Registrar has delegated the powers down the ranks and through R2 and R3 to R4. The scope of such delegation must be set in the context of the authorisation that is envisaged under Section 108(1)(ii). ... This judgment considers the principle of Delegates Non Potest Delegare, meaning that a delegate has no power to further delegate#H....
1987 0 Supreme(Cal) 299 • India - Calcutta
SUSANTA CHATTERJI
The court further held that there is no scope for further authorization and/or to delegate the function to any other persons other ... The court further held that there is no scope for further authorization and/or to delegate the function to any other persons other ... INDUSTRIES (REGULATION) ACT, 1958 - SECTION 9 - JURISDICTION OF OFFICERS TO SEARCH AND SEIZE - AMENDMENT OF SECTION 9 IN 1974 - SCOPE OF AUTHORISATION ... The position of authorisation has undergone a positive change aft....
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