Legal Explainer: The Doctrine of Legitimate Expectation in Indian Law

 Legal Explainer: The Doctrine of Legitimate Expectation in Indian Law

The Doctrine of Legitimate Expectation is a principle in administrative law that protects individuals from arbitrary changes in government policies or decisions. It allows a person to expect fair treatment based on past practices, promises, or consistent conduct by public authorities.

Key Features of the Doctrine:

1. Expectation Based on Consistent Practice:
   • If a government authority has consistently followed a certain procedure or granted a benefit, individuals can legitimately expect it to continue.
2. Expectation Based on Express Promises:
   • A clear, unambiguous promise by an authority, even if not legally binding, can create legitimate expectations.
3. Fair Procedure:
   • Authorities must provide an opportunity for individuals to be heard before altering or withdrawing policies that affect their legitimate expectations.

Application in Indian Law:

• The doctrine is not an enforceable right but a ground for judicial review if an administrative decision is unfair, arbitrary, or discriminatory.
• It applies in areas such as government contracts, public employment, and regulatory decisions.

Landmark Judgments:

• Navjyoti Co-op. Group Housing Society v. Union of India (1992): The Supreme Court upheld the legitimate expectation of a housing society based on the government's consistent policy.
• Union of India v. Hindustan Development Corporation (1993): Defined legitimate expectation as arising from a consistent past practice or a promise made by public authorities.

Limitations:

• The doctrine cannot override statutory provisions or laws.
• It does not apply when the public interest outweighs individual expectations.
• Courts generally avoid interfering in policy decisions unless there is a clear case of unfairness or arbitrariness.

Significance:

• Promotes transparency, fairness, and accountability in government actions.
• Protects individuals from abrupt policy changes without justification.
• Strengthens trust in public administration by ensuring authorities honor their commitments.

The Doctrine of Legitimate Expectation serves as a vital tool for ensuring fair governance and preventing arbitrary state actions.