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IT Act 2000
Section 27
Power to Delegate
THE STATUTE
Original Text
The Controller may, in writing, delegate any of his powers under this Act, except the power under section 30, to the Deputy Controller, subject to such conditions and limitations as the Controller may specify.
Simplified
Section 27 confers on the Controller the power to delegate his IT Act functions to the Deputy Controller, in writing and subject to conditions and limitations the Controller specifies. Delegation is standard administrative law practice: a single officer cannot personally exercise all regulatory functions at the scale India's PKI ecosystem requires, and the Deputy Controller and Assistant Controllers appointed under Section 17 need statutory authority to act on the Controller's behalf. The written delegation requirement prevents verbal or informal assertions of delegated authority — delegated powers under the IT Act must be exercised under documented authority. The important carve-out: the power under Section 30 (power to investigate contraventions) cannot be delegated. Section 30 is the most powerful investigatory tool in the Controller's arsenal — it allows the Controller to investigate any contravention of the IT Act by a CA or its officers. Parliament's decision to keep this power personal to the Controller (non-delegable) reflects the sensitivity of investigations into licensed CAs, which are significant institutions with commercial interests that could be adversely affected by an investigation.
Common Queries
IT Act Section 27 (Power to Delegate) is a rule-making or delegated legislation provision under the Information Technology Act, 2000. It empowers the Central Government or the prescribed authority to notify rules and regulations necessary for the implementation of the Act. This section is key to understanding the administrative architecture of India's cyber law regime.
Yes, like any statutory provision, IT Act Section 27 is subject to constitutional scrutiny. A challenge can be brought before the High Court under Article 226 or the Supreme Court under Article 32. However, since this is largely a delegated legislation / rule-making power section, courts have generally given deference to the government's exercise of discretion under this provision.
Legal Evolution
Section 27 was in the original IT Act 2000. The non-delegability of the Section 30 investigation power has been maintained through all amendments, reflecting continued legislative intent that the most intrusive regulatory actions against CAs must be personally authorised by the Controller.
Key Amendments
Unchanged since the original IT Act 2000.