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april 2014

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.

Sidhartha Sarawgi vs Board Of Trustees For Port Of ... · Niyam