All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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33.

Maxim ‘Delegatus Non Potest Delegare’ means

A: A delegate can further delegate
B: A delegate cannot further delegate
C: A delegate must protest delegation objectively
D: None of the above

The answer is: B

Explanation

The correct option is B: A delegate cannot further delegate.

This means that a person or an authority who has been given some power or responsibility by a higher source cannot pass on that power or responsibility to someone else, unless the original source allows it. This principle is also expressed in Latin as delegata potestas non potest delegari. It is a rule of constitutional and administrative law that ensures that the delegated powers are not misused or abused by the subordinates. It also prevents the creation of excessive bureaucracy and the concentration of power in few hands.