Delegation - Indian Laws - General

Delegation Delegatus Non Potest Delegare: A delegate has no power to delegate, is a well-settled principle. Delegation is the act of making or commissioning a delegate. It generally means parting of powers by the person who grants the delegation and conferring of an authority to do things which otherwise that person would have to do himself. In Black s Law Dictionary- the act of entrusting another with authority by empowering another to act as an agent or representative . In P. Ramanatha Aiyar s, The Law Lexicon, delegation is the act of making or commissioning a delegate. Delegation generally means parting of powers by the person who grants the delegation, but it also means conferring of an authority to do things which otherwise that person would have to do himself . Justice Mathew in Gwalior Rayon Silk Manufacturing (Wvg.) Co. Ltd. v. The Assistant Commissioner of Sales Tax and Others - 1973 (12) TMI 38 - SUPREME COURT , has succinctly discussed the concept of delegation. Paragraph 37 reads as follows: 37. Delegation is not the complete handing over or transference of a power from one person or body of persons to another. Delegation may be defined as the entrusting, by a person or body of persons, of the exercise of a power residing in that person or body of persons, to another person or body of persons, with complete power of revocation or amendment remaining in the grantor or delegator. It is important to grasp the implications of this, for, much confusion of thought has unfortunately resulted from assuming that delegation involves or may involve, the complete abdication or abrogation of a power. This is precluded by the definition. Delegation often involves the granting of discretionary authority to another, but such authority is purely derivative. The ultimate power always remains in the delegator and is never renounced. UNIVERSAL AUTOCRAFTS PRIVATE LIMITED AND ANOTHER, SIDHARTHA SARAWGI VERSUS BOARD OF TRUSTEES FOR THE PORT OF KOLKATA AND OTHERS - 2014 (4) TMI 1257 - SUPREME COURT