Section 28: Delegation of powers

Provision Text:

The Central Government may, by notification, direct that any of its powers or functions under this Chapter, except Section 29, or the rules made thereunder, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by a Commissioner.

Key Features of Section 28

1. Delegation Authority:
   • Empowers the Central Government to delegate its powers or functions under the specified chapter to a Commissioner.
2. Exception Clause:
   • Explicitly excludes Section 29 from delegation, maintaining that the powers or functions under this section cannot be delegated.
3. Notification Requirement:
   • Delegation can only occur through an official notification, ensuring transparency and public awareness of the delegation.
4. Conditional Delegation:
   • The Central Government may impose conditions or specify matters in the notification to guide the exercise or discharge of delegated powers.

Explanation

1. Purpose of Delegation:
   • Facilitates efficient administration by allowing a Commissioner to exercise or discharge certain powers or functions, reducing the workload of the Central Government.
2. Scope of Delegation:
   • Includes all powers or functions within the Chapter, except those specifically under Section 29, and the rules framed therein.
3. Safeguards:
   • By requiring a formal notification, the provision ensures that delegation is a deliberate and documented process, subject to public scrutiny.
4. Flexibility:
   • Allows the Central Government to tailor the delegation based on administrative needs and circumstances, with conditions specified as required.

Practical Implications

1. Administrative Efficiency:
   • Enables decentralization of authority, ensuring quicker decision-making and action at the level of the Commissioner.
2. Accountability:
   • The notification mechanism ensures clarity about the delegated powers and the responsibilities of the Commissioner.
3. Exclusion of Section 29:
   • The exclusion of Section 29 ensures that certain critical functions or powers remain exclusively with the Central Government, preserving centralized control over sensitive matters.
4. Conditional Execution:
   • Conditions set in the notification provide safeguards to ensure the delegated powers are exercised within a defined framework, preventing misuse or overreach.

Example Scenarios

1. Environmental Clearances:
   • If powers under this Chapter relate to granting environmental clearances, the Central Government may delegate such powers to a Commissioner for specific regions or projects.
2. Infrastructure Projects:
   • Delegation may streamline the approval process for railway infrastructure projects by allowing a Commissioner to oversee and execute functions within a specified scope.
3. Rule Enforcement:
   • A Commissioner could be empowered to enforce certain rules made under this Chapter, provided the delegation is consistent with the notification.

Conclusion

Section 28 is a vital provision for decentralizing governance by enabling the Central Government to delegate its powers or functions under specified conditions. It balances efficiency and accountability, ensuring that while authority is distributed, critical powers under Section 29 remain centralized. This delegation mechanism contributes to a more agile and responsive administration