Legitimate Expectation means that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some consistent practice in the past or an express promise made by the concerned authority. According to this doctrine, a public authority can be made accountable in lieu of a legitimate expectation. Thus, the doctrine of Legitimate Expectation pertains to the relationship between an individual and a public authority. It is an expectation of a benefit, relief or remedy that may ordinarily flow from a promise or established practice.

A person may have a reasonable or legitimate expectation of being treated in a certain way by the administrative authorities owing to some consistent practice in the past or an express promise made by the concerned authority. Doctrine of Legitimate Expectation was created to hold governmental action accountable. It is quite difficult to claim reliefs from governmental policies and statutes; hence, this doctrine was intended to give relief to people from governmental actions even when they cannot claim a right under strict understanding of law. It provides a central space between ‘right’ and ‘no right’, wherein a pubic authority can be made accountable on grounds of an expectation, which is, legitimate. It helps maintain and honour policy statements without unfair discrimination to persons similarly situated.

Legitimate Expectations are of two types-

1. Procedural- wherein a hearing or other appropriate procedure will be afforded before a decision is made. It is pertinent to note that a procedure, which has been followed so far, will be continued.

2. Substantive- Refers to the situation in which the applicant seeks a particular benefit or commodity, such as a welfare benefit or license. The claim to such a benefit will be founded upon governmental action which is said to justify the existence of the relevant expectation

When Is An Expectation Legitimate?

First, it must be founded upon a promise or practice by the public authority that is said to be bound to fulfill the expectation.

Second, clear statutory words override any expectation howsoever founded.

Third, the notification of a relevant change of policy destroys any expectation founded upon the earlier policy.

Fourth, the individual seeking protection of the expectation must themselves deal fairly with the public authority.

• Judicial pronouncements:

The Doctrine of Legitimate Expectation was firstly discussed in the Indian arena in the case of State of Kerala v. K.G. Madhavan Pillai ((1988) 4 SCC 669). The court in the case held that the stay on the sanction order to open new schools and upgrade new ones violated the legitimate expectation created to the respondents thereby violating the principles of natural justice thereby vitiating said administrative order.

In case of Navjyoti Co-operative Group Housing Society v. UOI Apex Court held that changing the criteria requirement for allotment of land to co-operative societies was violating them of their legitimate expectation, their benefit ascertained to them hence adversely affecting them, and are therefore entitled to a fair hearing. The doctrine of legitimate expectation imposes in essence a duty on the public authorities to act fairly by taking into consideration all the relevant factors bearing a nexus to such legitimate expectation. The concerned authority cannot act arbitrarily so as to defeat the expectation unless demanded by over-riding reasons for the public policy.

• Conclusion:

The development of the doctrine of legitimate expectation in India has been in line with the principles evolved in common law English courts. The necessity for application of the doctrine of Legitimate Expectation arises when an administrative body by reason of a representation or by past practice stirred an expectation which would be within its powers to accomplish unless some superseding public interest comes in the way. The court would interfere only if the decision taken by the authority was found to be arbitrary, unreasonable or in gross abuse of power or in violation of principles of natural justice and not taken in public interest.

References:

https://www.mondaq.com/india/constitutional-administrative-law/881956/doctrine-of-legitimate-expectation

Doctrine of Legitimate Expectations under the Administrative Law

https://www.lawctopus.com/academike/doctrine-legitimate-expectations/

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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