Supreme Court of India · 2014-04-16
Sidhartha Sarawgi vs Board Of Trustees For Port Of ...
- Citation / case number
- AIR 2015 SUPREME COURT 1271
- Court
- Supreme Court of India
- Petitioner
- Sidhartha Sarawgi
- Respondent
- Board Of Trustees For Port Of ...
- Bench
- Kurian Joseph, Gyan Sudha Misra
Judgment text excerpt
The Supreme Court examined the principle of 'Delegatus Non Potest Delegare', establishing that a delegate cannot sub-delegate legislative powers, as this would breach the confidence reposed in the delegate. The Court clarified that while legislative powers cannot be delegated, non-legislative or administrative powers may allow for some delegation of implementation tasks, provided the essential decision-making remains with the primary delegate. The judgment emphasized the distinction between legislative and non-legislative delegation, holding that the latter can involve procedural delegation without abrogating the ultimate authority of the delegator.