Section 16 of The Citizenship Act, 1955
Delegation of powers.
The Central Government may, by order, direct that any power which is conferred on it by any of the provisions of this Act other than those of section 10 and section 18 shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by such officer or authority as may be so specified.
Summary
- The Central Government has the authority to delegate its powers under this Act to other officers or authorities.
- This delegation of power must be done through a written order.
- The written delegation order can specify the circumstances and conditions under which the delegated powers may be exercised.
- The Central Government is strictly prohibited from delegating its powers under Section 10, which deals with depriving someone of citizenship.
- The Central Government is also strictly prohibited from delegating its powers under Section 18, which deals with making rules.
Practical examples
FAQ
1. Can the Central Government delegate its powers under Section 16 of the Citizenship Act, 1955?
Yes, under Section 16 of the Citizenship Act, 1955, the Central Government may direct by order that its powers under the Act can be exercised by specified officers or authorities.
2. Are there any powers that the Central Government cannot delegate under Section 16 of the Citizenship Act, 1955?
Yes, under Section 16 of the Citizenship Act, 1955, the Central Government cannot delegate its powers under Section 10, which is deprivation of citizenship, and Section 18, which is the power to make rules.
3. How does the Central Government delegate its powers under Section 16 of the Citizenship Act, 1955?
Under Section 16 of the Citizenship Act, 1955, the delegation of power must be done by a formal order, which can include specific circumstances and conditions.
4. Can a delegated officer exercise powers without any restrictions under Section 16 of the Citizenship Act, 1955?
No, under Section 16 of the Citizenship Act, 1955, the delegated power is exercisable only under such circumstances and conditions as are specified in the delegation order.
Test yourself
1.Under Section 16 of the Citizenship Act, 1955, which of the following powers is the Central Government permitted to delegate?
2.Under Section 16 of the Citizenship Act, 1955, by what means must the Central Government delegate its powers to another officer or authority?
3.Under Section 16 of the Citizenship Act, 1955, which specific sections are excluded from the Central Government's power of delegation?
4.Under Section 16 of the Citizenship Act, 1955, what can the Central Government specify in its order when delegating power to an officer?