DELEGATUS NON POTEST DELEGARE

Literal Translation

A delegate cannot further delegate.

Definition

This Latin maxim means that a person to whom a power is delegated cannot further delegate that power. That person cannot sub-delegate that power to someone else. No sub-delegation can be done in a contract of principle-agent without the knowledge and consent of the principle. This principle is often used in administrative or constitutional law.

Illustration

If a person has delegated ‘A’ to execute a will after his death, therefore, ‘A’ cannot further delegate this power to another person. If he does so, he will be delegating the power or authority, which was delegated to him.

Case Law


A.K. Roy v. State of Punjab and ors (1986 AIR 2160)

Sahni Silk Mills Ltd v. Employees State Insurance [(1994) 5 SCC 346]



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