AI Overview...
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Principle of Delegatus Non Potest Delegare - The maxim strictly applies to judicial and quasi-judicial functions, prohibiting delegates from further sub-delegating such powers. It does not generally apply to administrative acts or legislative functions. Rasida Khatoon W/o Mainuddin Khan vs State of Rajasthan - Rajasthan, 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, S. V. RAMESH VS STATE OF KARNATAKA - Karnataka, In Re (Art. 143, Constitution Of India And Delhi Laws Act 1912) VS Union Of India - Supreme Court
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Application Scope - The principle is relevant primarily when a statutory authority is entrusted with judicial or quasi-judicial powers, such as suspension of a Village Pradhan or judicial review of delegated powers. It restricts re-delegation, ensuring accountability and adherence to the original delegation intent. Mohd Naved VS State of Uttarakhand - Uttarakhand, G. P. Kesava Reddy VS Revenue Divisional Officer, Anantapur - Andhra Pradesh, R. Veerayya, M. Siddalingaiah VS State Of A. P. - Andhra Pradesh, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED VS JAVARAI GOWDA - Karnataka
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Exceptions and Limitations - While the principle is strictly applied, certain contexts allow inference that powers were meant to be delegable, especially in administrative or legislative settings. The principle's efficacy diminishes outside judicial/quasi-judicial spheres. Rasida Khatoon W/o Mainuddin Khan vs State of Rajasthan - Rajasthan, S. V. RAMESH VS STATE OF KARNATAKA - Karnataka, In Re (Art. 143, Constitution Of India And Delhi Laws Act 1912) VS Union Of India - Supreme Court
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Judicial and Quasi-Judicial Functions - The doctrine is primarily invoked in judicial and quasi-judicial contexts, such as issuing permits, suspensions, or adjudicatory decisions, where re-delegation is generally impermissible to preserve fairness and legality. Mohd Naved VS State of Uttarakhand - Uttarakhand, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED VS JAVARAI GOWDA - Karnataka, Rasida Khatoon W/o Mainuddin Khan vs State of Rajasthan - Rajasthan
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Conclusion - The principle of Delegatus Non Potest Delegare strictly applies to judicial and quasi-judicial functions, serving as a safeguard against unauthorized re-delegation of sensitive powers. Its application in administrative or legislative domains is limited or context-dependent. This ensures the integrity of judicial/quasi-judicial decisions while allowing flexibility in administrative acts. Rasida Khatoon W/o Mainuddin Khan vs State of Rajasthan - Rajasthan, R. Veerayya, M. Siddalingaiah VS State Of A. P. - Andhra Pradesh, S. V. RAMESH VS STATE OF KARNATAKA - Karnataka
Search Results for "Principle of Delegatus Non Potest Delegare Strictly Applies to Judicial and Quasi Judicial Functions"
2025 0 Supreme(Raj) 1905 • India - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
16, 24, 30) ... ... (B) Constitutional Law - Article 14 - Negative equality principle ... The principle ‘delegatus not potest delegare’ cannot be applied to administrative actions or ministerial acts. This principle applies to statutory judicial and quasi-judicial functions. ... Counsel submits that the principle of delegatus non#HL....
• India - Andhra Pradesh
GOPALRAO EKBOTE
The delegation of power was not limited to administrative powers and included quasi-judicial functions. 2. ... The functions of the Revenue Divisional Officer and the Government were of a hybrid nature, including both administrative and quasi-judicial ... functions. ... The question of the application of the maxim Delegatus Non Potest Delegare would arise only in a case where any given Act does n....
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 ... "if as stated above, the basis of the rule is the deliberate selection of the person as a delegate, the principle of delegatus non potest delegare, though applicable, has lesser efficacy and lesser rigour perhaps in construing the intendment of sub-delegation. ... It is this inhibition to sub-delegate which i....
2020 0 Supreme(UK) 184 • India - Uttarakhand
RAMESH RANGANATHAN, R.C.KHULBE
Whether the power to suspend a Village Pradhan is a quasi-judicial power? 2. ... DELEGATION OF POWER - QUASI-JUDICIAL POWER - SUSPENSION OF VILLAGE PRADHAN - DELEGATION OF POWER TO DISTRICT MAGISTRATE - VALIDITY ... The petitioners contended that the power to place a Village Pradhan under suspension is a quasi-judicial power and the State Government ... Delegatus Non Potest Delegare means that a delegate#....
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. ... "if as stated above, the basis of the rule is the deliberate selection of the person as a #HL_S....
1971 0 Supreme(Del) 179 • India - Delhi
S.RANGARAJAN
MOTOR VEHICLES ACT - Temporary Permits - Grant of - Procedure - State Transport Authority - Abdication of functions - Quasi-judicial ... The State Transport Authority had abdicated its functions to the President of the Congress. ... non-potest delegare" does not apply (See Fowler (John) and Co. ... It was held that on the principle of delegatus non-potest delegare, the committee ....
2006 0 Supreme(Bom) 617 • India - Bombay
R.C.CHAVAN
Consequently there was no warrant to invoke the power to delegate under Section 151 and such delegatory exercise is redundant. ... According to the learned AG.P. it would be appropriate to make the notification workable rather than strike it down as violative of maxim delegatus non potest delegare. ... The maxim delegatus non potest delegare was originally invoked in the context of delegation of judicial powers say....
2015 0 Supreme(Kar) 46 • India - Karnataka
K.L.MANJUNATH, P.B.BAJANTHRI
Indira Jaising would run counter to the well known maxim delegatus non protest delegare (or delegari). ... The principle is strictly applied, even where it causes administrative inconvenience, except in cases where it may reasonably be inferred that the power was intended to be delegable. ... Therefore, while performing the quasi-judicial functions, the authority is not permitted to ignore the sta....
2015 0 Supreme(Kar) 86 • India - Karnataka
P.B.BAJANTHRI
Indira Jaising would run counter to the well known maxim delegatus non protest delegare (or delegari). ... The principle is strictly applied, even where it causes administrative inconvenience, except in cases where it may reasonably be inferred that the power was intended to be delegable. ... Govt. of T.N. this court observed that once the basis of a proceedings is gone, all consequential acts, actions, orders would fall to the ground automatically a....
1951 0 Supreme(SC) 45 • India - Supreme Court
M. C. MAHAJAN, VIVIAN BOSE, S. MURTAZA FAZAL ALI, S. R. DASS, H. J. KANIA, B. K. MUKHERJEE, M. PATANJALI SASTRI
... (5) The maxim delegatus non potest delegare is not part of the positional ... can be imported on the strength of the maxim delegatus non potest delegate, because it is not a delegate. ... ... (2) The principle of non-delegation of legislate powers founded ... maxim, 'delegatus non potest delegare', does not apply to them.....
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