NON- DELEGATION DOCTRINE

The doctrine of non- delegation states that a branch of government cannot authorize another body to perform the functions which it is constitutionally authorized to perform itself. The doctrine of separation of powers is part of the basic structure of the Indian Constitution. It is implicit or explicit in all written constitutions imposing a strict separation of powers.

It is usually observed when there is a constitutionally improper delegation of powers among any of the three organs of the government to either of the other, to the administrative state, or private entities. However, it is often seen as constitutional for executive officials to delegate powers to executive branch subordinates, but there can also be improper delegations of power within an executive branch.