What Is the Doctrine of Legitimate Expectations

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Oct 9, 2024
3 min read

This Doctrine Was First Developed In England In 1970. In The Case Of Schmidt V. Of State Home Affairs, 1968, This Doctrine Was First Mentioned. In India, This Doctrine Was First Discussed In State Of Kerala V. K.G. Madhavan Pillai (1988). In This Case, The Supreme Court Upheld The Earlier Order And Applied The Doctrine Of Legitimate Expectation. An Order Was Given To The Accused To Open A New School And Upgrade The Existing Schools. This Order Was Revoked 15 Days Later. The Sc Held That Revoking The Earlier Order Violated The Principle Of Natural Justice And The Doctrine Of Legitimate Expectation.

What Is The Doctrine Of Legitimate Expectations

The Doctrine Of Legitimate Expectation Puts A Bar Upon Administrative Authority To Step Back After Making Any Promise. It Means That If Any Authority Has Made Any Representation Or Promise Which Raises A Legitimate Expectation In The General Public Then The Authority Should Act By That Expectation. This Doctrine Puts Extra Caution On The Authority Before Making Any Promise Or Making Any Representation.

The Doctrine Of Estoppel Is Also Based Upon This Doctrine. It States That If Any Person Has Made Any Representation Or Any Belief And Based On That Belief If The Other Person Has Done Some Act Then That Person Who Made The Representation Cannot Step Back.

Types Of Legitimate Expectation

Procedural: This Relates To An Expectation Of Fair Procedure And Hearing. The Court Should Provide Procedural Protection In Cases Where The Claimant Has A Legitimate Expectation Of Procedural Protection Like A Fair Hearing.
Substantive: This Expectation Is Based On Some Policy, Practice, Or Promise. It Is An Expectation Of A Favorable Outcome From Any Authority Based On Any Policy. Like The Person Has A Legitimate Expectation To Receive A Subsidy If He Fulfills The Criteria For The Same.

Case Laws

In The Case Of Scheduled Caste And Weaker Section Welfare Association V. State Of Karnataka (1991). The Karnataka Government Announced A Notification of A Particular Area As A Slum Clearance Area But Through Subsequent Notification, He Canceled It. It Resulted In A Breach Of The Legitimate Expectation Of Those People Who Are Living In That Area. The Sc Held That There Is A Breach Of The Principle Of Natural Justice By The Government.
In Dr. (Mrs.) Chanchal Goyal V. State Of Rajasthan (2003), Dr. Chanchal Was Appointed Temporarily Under The Local Self-Government Department, The Government Of Rajasthan. Her Tenure Was 6 Months Or Until She Was Selected By (RPSC) But In No Case was it Extended Beyond 1 Year Without Any Approval Of The Commission. Her Tenure Ended After 1 Year After Various Extensions. She Took The Plea Of Legitimate Expectation. The Court Held That Mere Continuation Of Service Does Not Mean That The Commission Has Waived The Condition Of Temporary Employment And Rejected Her Plea.

Relation Between Article 14 And Legitimate Expectation

Article 14 Also Talks About Fairness And Non – Arbitrariness. It Puts Some Restrictions Upon Public Authority So That They Do Not Abuse Their Power. The Power Should Be Exercised Fairly And Non-Arbitarily. Hence, The Public Authorities Should Act For The Betterment Of People. The Public Authorities Should Consider The Legitimate Expectation Of The Claimant While Passing A Decision That Will Ensure the Non-Abitrariness Under Article 14 Of The Indian Constitution.

The Doctrine Of Legitimate Expectation Has Gained Significant Importance. It Even Leads To A Procedural Right Which Is The Right To Judicial Review. It Even Helped People Secure Justice Who Could Not Have Secured It Based On Statutory Provisions Or Law.

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