Functions that can and cannot be delegated
Delegation of Functions
What is Delegation?
Delegation is the process where a higher authority (usually legislative or executive) transfers its power or function to a subordinate body or official.
Delegation helps in efficient administration but must comply with legal limits to avoid misuse.
Types of Functions in Delegation
1. Functions that Can be Delegated
Ministerial or Administrative Functions
These involve routine, mechanical, or procedural acts (e.g., issuing licenses, permits).
Example: Granting permission to operate a business.
Discretionary Functions
Sometimes delegation of discretion is allowed if the delegate is given clear guidelines.
Example: Customs officers determining duty on imports under delegated rules.
Statutory Functions
Functions under statutes can be delegated unless the statute expressly prohibits it.
Quasi-Judicial Functions
Delegation is possible but with caution since these involve adjudicating rights.
2. Functions that Cannot be Delegated
Essential Legislative Powers
Law-making power vested in the legislature cannot be delegated to the executive or subordinate authorities.
E.g., Parliament cannot delegate its power to make laws to private bodies.
Judicial Functions
Powers that require judicial determination of rights and liabilities generally cannot be delegated except to certain tribunals set up by law.
Non-Delegable Powers
Where the law explicitly or by necessary implication forbids delegation.
Legal Principles Governing Delegation
Doctrine of Ultra Vires: Delegation outside the scope of authority is invalid.
Doctrine of Non-Delegation: Powers must be exercised by the authority to whom they are originally entrusted unless law allows delegation.
Control and Supervision: The delegating authority retains ultimate control and responsibility.
Important Case Laws on Delegation of Functions
1. A.K. Roy v. Union of India (1982)
Held that essential legislative functions cannot be delegated.
The Constitution envisages delegation of administrative functions, but not law-making powers.
2. R. Gandhi v. Union of India (1978)
The Supreme Court held that delegation of quasi-judicial power is allowed but with necessary safeguards.
The delegate must act within the parameters set by the delegator.
3. Kesavananda Bharati v. State of Kerala (1973)
Although primarily a fundamental rights case, it confirmed that delegation of essential legislative powers is unconstitutional.
4. State of Bombay v. R.M.D. Chamarbaugwala (1957)
Upheld the delegation of power to impose licensing conditions on dealers as an administrative function.
Emphasized that delegation of subordinate legislative powers (rules, regulations) is allowed.
5. Union of India v. R. Gandhi (1980)
The court clarified that a statute can empower a subordinate authority to exercise delegated power, but the scope and limits must be clear.
Delegation without adequate guidelines may be invalid.
Summary Table: Functions That Can & Cannot be Delegated
| Function Type | Can Be Delegated? | Explanation | Case Law Example |
|---|---|---|---|
| Legislative Powers | No | Parliament’s core power | A.K. Roy v. Union of India |
| Administrative/Ministerial | Yes | Routine and mechanical | State of Bombay v. R.M.D. Chamarbaugwala |
| Quasi-Judicial Powers | Yes, with safeguards | Adjudication with rules | R. Gandhi v. Union of India |
| Judicial Powers | Generally No | Judicial authority is personal | Kesavananda Bharati |
| Statutory Powers | Yes, if law permits | Subject to statute’s terms | Union of India v. R. Gandhi |
Conclusion
Delegation is necessary for efficient governance but must be limited by the nature of the function and constitutional provisions.
Essential legislative and judicial powers cannot be delegated to preserve the rule of law and separation of powers.
Courts have consistently safeguarded this boundary while allowing flexibility for administrative delegation.
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