delegatus non potest delegare

Latin · del-uh-GAH-tus non POH-test del-uh-GAH-ray · Constitutional and administrative

Meaning. A delegate cannot further delegate the power entrusted to it.

A person or body to whom a power has been entrusted must exercise it personally and cannot hand it on to another, unless the statute expressly or by necessary implication permits sub-delegation. The principle applies to legislative, administrative and quasi-judicial powers, and most strictly to the last, where the person who hears must decide.

In Indian administrative law, sub-delegation is permitted where the parent Act authorises it, and the courts recognise that routine work may be done by officers under the authority's control. Where a statute gives a discretionary power to a named authority, an order passed by someone else, or on someone else's dictation, is invalid.

Example

The Commissioner's order was void on the principle delegatus non potest delegare, since the Act gave the power to the State Government alone and allowed no sub-delegation.

delegatus non potest delegare

Example

See also

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