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april 2014

Supreme Court of India · 2014-04-16

SIDHARTHA SARAWGI vs BOARD OF TRUSTEES FOR PORT OF KOLKATA&OR

Citation / case number
SC 2013/13697
Court
Supreme Court of India
Petitioner
SIDHARTHA SARAWGI
Respondent
BOARD OF TRUSTEES FOR PORT OF KOLKATA&OR
Author
KURIAN JOSEPH GYAN SUDHA MISRA
Bench
KURIAN JOSEPH GYAN SUDHA MISRA

Judgment text excerpt

The Supreme Court examined the principle of 'Delegatus Non Potest Delegare', affirming that a delegate cannot further delegate their powers, particularly in the context of legislative versus non-legislative powers. The Court clarified that while legislative powers cannot be sub-delegated, non-legislative powers may involve delegation but with the ultimate authority remaining with the original delegator. The judgment emphasized the importance of maintaining the integrity of legislative functions and the limitations on delegation, thereby reinforcing established legal principles regarding delegation of authority.

SIDHARTHA SARAWGI vs BOARD OF TRUSTEES FOR PORT OF KOLKATA&OR · Niyam