Under the Advocates Act, 1961, Bar Council of India is given the power to prescribe the Qualifications for an Advocate to vote at an election. The State Bar Council fixed these Qualifications with the approval of Bar Council of India. Is it valid?

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  • Under the Advocates Act, 1961, Bar Council of India is given the power to prescribe the Qualifications for an Advocate to vote at an election. The State Bar Council fixed these Qualifications with the approval of Bar Council of India. Is it valid?
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Answer:

Statutes generally do not authorise sub delegation. If it is impracticable for the authority to perform the functions personally, then he may sub delegate them. Now the law of Sub delegation is well settled that a sub delegatee cannot go beyond the scope of the power delegated to him. As regards the procedural safeguards, the Security Committee of the Parliament has suggested that the rules should specifically lay down the procedure for sub delegation and the publication of the same. The facts of the problem are similar to States Vs. Bareno, 50 F Supp 520 wherein the Court held that the President who was empowered to make regulations concerning exports delegated his functions to be performed by the Board of Economic welfare. Further delegation by the Board to the Executive Director who sub delegated it to his Assistant and then to some officials amounted to sub delegation which was held to be valid.

Last Updated On January 31, 2018
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