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Section 27: Power to delegate

Information Technology Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2000
Section 26 All 90 Sections of Information Technology Act Section 28

Legal Commentary & Landmark Judgments: Section 27

Section 27 authorizes the Controller of Certifying Authorities to delegate any of the statutory powers conferred by the Act to Deputy Controllers, Assistant Controllers, or other officers, subject to general or special orders and specified conditions.

  • Statutory Authority to Delegate: Empowers the Controller to decentralize administrative and technical functions by delegating powers in writing to subordinate officers.
  • Conditional and Restrictive Delegation: Authorizes the Controller to impose conditions, limitations, and operational boundaries on the exercise of delegated statutory powers.
  • Preservation of Controller's Plenary Authority: Ensures that delegation does not divest the Controller of the underlying statutory jurisdiction to exercise the powers concurrently or review delegated actions.
Key Landmark Precedents:
  • Sahni Silk Mills (P) Ltd. v. ESI Corpn. (1994) 5 SCC 346: Supreme Court expounded the maxim delegatus non potest delegare, affirming that statutory authorities may delegate only to the extent expressly authorized by the governing enactment.
  • Sidhharth Sarawgi v. Board of Trustees for the Port of Kolkata (2014) 16 SCC 248: Supreme Court affirmed that delegated statutory authority must be exercised strictly within the four corners of the delegating instrument.
  • Barium Chemicals Ltd. v. Company Law Board AIR 1967 SC 295: Constitution Bench established that statutory discretion cannot be further sub-delegated unless the enabling legislation explicitly permits sub-delegation.
Courtroom Practice & Strategic Litigation Guidance:

In regulatory litigation challenging an enforcement order issued by a Deputy or Assistant Controller, demand production of the Section 27 written instrument of delegation; actions exceeding the specific scope of the delegated order are void for lack of jurisdiction.

Section 26 All 90 Sections of Information Technology Act Section 28