Sub-delegation of power
Sub-delegation of Power: Detailed Explanation
What is Sub-delegation of Power?
Sub-delegation (also called delegatus delegare) means the further delegation of powers by a delegate (who was originally delegated authority by a higher authority) to another person or authority.
In simple terms:
If the legislature delegates a power to an administrative authority or officer, that officer generally cannot further delegate that power to another unless expressly or impliedly authorized by the statute or rules.
Why is Sub-delegation Generally Disallowed?
The doctrine of delegatus non potest delegare (a delegate cannot delegate) is a rule of administrative law.
The original delegate is entrusted with the power because of their qualifications, responsibility, and trust.
Further delegation may lead to lack of accountability, misuse of power, or arbitrary decisions.
It goes against the principle of rule of law and responsibility.
Exceptions to the Rule
If the law expressly authorizes sub-delegation.
If sub-delegation is necessary or incidental to the effective discharge of duty.
In case of ministerial or clerical functions which do not involve discretion.
When the statute or rules imply or necessarily require sub-delegation to work smoothly.
Important Indian Case Laws on Sub-delegation
1. A.K. Roy v. Union of India (1982)
Facts: The question was whether certain powers conferred on the Central Government could be sub-delegated to the District Magistrate.
Issue: Whether sub-delegation of statutory powers to an inferior authority is valid in absence of express authorization.
Court’s Holding:
The Supreme Court held that delegated power cannot be further delegated unless the statute permits it.
The rule of delegatus non potest delegare applies unless the statute expressly or by necessary implication authorizes sub-delegation.
If sub-delegation is made without such authority, the act is ultra vires (beyond power) and invalid.
Significance:
Reaffirmed the general principle that powers delegated by the legislature must be exercised personally by the delegate, barring express or implied permission to sub-delegate.
2. Punjab State Electricity Board v. Mohan Lal Garg (1995)
Facts: The Punjab State Electricity Board had delegated powers to an officer who sub-delegated those powers further without statutory authority.
Issue: Validity of such sub-delegation.
Court’s Holding:
The Supreme Court reiterated that sub-delegation is generally prohibited unless authorized.
Unauthorized sub-delegation results in the invalidity of the act or order passed by the sub-delegate.
However, administrative convenience or necessity may justify limited sub-delegation, especially for ministerial functions.
Significance:
Clarified that the rule is strict but ministerial or procedural delegations are exceptions.
3. Collector of Customs v. Natwarlal Damodardas Soni (1964)
Facts: Whether the Collector of Customs can sub-delegate his power to an assistant or deputy.
Issue: Validity of sub-delegation for administrative convenience.
Court’s Holding:
The Court held that sub-delegation of power to subordinates for ministerial or administrative purposes is permissible.
Powers involving discretion and decision-making cannot be sub-delegated.
The Collector of Customs can delegate routine or clerical tasks but must personally exercise discretionary powers.
Significance:
Distinguished between discretionary powers (no sub-delegation) and ministerial powers (sub-delegation allowed).
4. K.P. Verma v. Union of India (1957)
Facts: The question was about sub-delegation of powers conferred under Defence of India Rules.
Issue: Whether the statutory powers could be delegated further by the officer.
Court’s Holding:
The Court held that powers delegated by a statute must be exercised by the person or authority to whom they are delegated.
Sub-delegation is prohibited unless the statute explicitly allows.
This case reiterated the strict application of the delegatus non potest delegare rule.
5. M.C. Chockalingam v. Union of India (1961)
Facts: Whether the sub-delegation of powers under certain statutes related to civil services was valid.
Issue: Validity of sub-delegation in absence of express authorization.
Court’s Holding:
Sub-delegation was held to be invalid in the absence of express or implied authorization.
However, sub-delegation of purely ministerial or administrative functions was allowed.
Discretionary powers cannot be sub-delegated.
6. Shamsher Singh v. State of Punjab (1974)
Facts: Dispute about delegation of powers concerning suspension of government employees.
Issue: Whether powers could be sub-delegated to subordinate officers.
Court’s Holding:
The Supreme Court held that the authority to suspend cannot be sub-delegated unless the law expressly permits.
The decision involves discretion; hence, personal exercise of power is required.
Sub-delegation of such power would be invalid.
Summary Table of Principles on Sub-delegation
| Principle | Explanation | Case Example |
|---|---|---|
| No Sub-delegation without Authority | Power delegated cannot be further delegated unless statute allows | A.K. Roy v. Union of India |
| Ministerial/Clerical Function Exception | Sub-delegation of routine tasks is allowed | Collector of Customs v. Natwarlal Soni |
| Discretionary Powers Must be Exercised Personally | Powers involving judgment cannot be sub-delegated | Shamsher Singh v. State of Punjab |
| Sub-delegation without Authority is Ultra Vires | Acts done by sub-delegates without authority are invalid | Punjab State Electricity Board case |
| Implied Authority Exception | If statute implies sub-delegation for smooth functioning, allowed | M.C. Chockalingam v. Union of India |
Conclusion
The doctrine of delegatus non potest delegare is a cardinal rule in administrative law ensuring accountability and proper exercise of power.
Sub-delegation is generally not allowed, except where the statute clearly authorizes or where the sub-delegation is necessary for administrative convenience and involves only ministerial functions.
Discretionary powers or quasi-judicial powers must be personally exercised by the delegatee.
Unauthorized sub-delegation is invalid and can be challenged in courts as ultra vires.
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