The Doctrine of Legitimate Expectation in India

The Doctrine of Legitimate Expectation in India

Usually, people can approach the court only on the infringement of legal rights only. However, there may arise a case where reasonable expectations may arise. These expectations may arise when a body, by representation or by past practices. Courts can invoke the doctrine of legitimate expectations in any of the situations where fairness and good administration justify the right to be heard. The doctrine of legitimate expectation in India is one of newest recruits in Administrative law in India.

Development of Doctrine of Legitimate Expectation in India

The concept of Doctrine of Legitimate Expectation was first introduced in the case of Schmidt vs Secy. Of State for Home Affairs.[1] In this case, where alien students of ‘Scientology’ were refused extension of their entry permits as an act of policy by the Home Secretary, who had announced that no discretionary benefits would be granted to this sect. Here, couth held that legitimate expectation does not arise beyond the permitted time.

In Navjyoti Coop Group Housing Society v Union of India[2], allotment of land to housing society was to be given on the basis of first come first basis. It was held that societies who had applied earlier could invoke the Doctrine of Legitimate Expectation.  The doctrine of Legitimate Expectation was also discussed in Supreme Court Advocates-on-Record Assn vs Union Of India[3]. CJI observed that as a high court judge at the time of his initial appointment has the legitimate expectation to become Chief Justice of a High Court in his ordinary course.

Nature and Scope of Doctrine of Legitimate Expectation in India

A person may have a legitimate expectation of being treated in a certain way by an administrative authority even though he has no legal right in private law to receive such treatment.  Also, the doctrine of Legitimate Expectation in India is applicable in cases where there is some right which is likely to be affected by an act of administrative. It does not apply to the private law since it is less than an enforceable right. Legitimate expectation may arise

1. if there is an express promise given by a public authority; or
2. because of the existence of a regular practice which the claimant can reasonably expect to continue;
3. Such an expectation must be reasonable[4].

Recent developments

In Monnet Ispat & Energy Ltd. V Union of India[5], Supreme Court held that following principles are now well established in relation to the Doctrine of Legitimate Expectation in India:

1. The Doctrine of Legitimate Expectation can be invoked as a substance and enforceable right.
2. The Doctrine of Legitimate Expectation is founded on the principle of Natural Justice. There is a parallel between The Doctrine of Legitimate Expectation and promissory estoppel.
3.  Furthermore, The Doctrine of Legitimate Expectation is different from anticipation. The expectation should be justifiable, legitimate and protectable.
4. Where the authority’s decision is based as per public interest as per executive policy or law, The Doctrine of Legitimate Expectation cant is invoked.
5. The Doctrine of Legitimate Expectation cant is invoked in a way which could block public interest for private benefit.

Limitations

Following are the limitations of The Doctrine of Legitimate Expectation in India :

1. The concept of legitimate expectation is only procedural and has no substantive impact.
2. The doctrine is not applicable to legislative activities.
3. The Doctrine of Legitimate Expectation does not apply if it is contrary to public policy or against the security of the state.

Conclusion

The Doctrine of Legitimate Expectation is a recent development in Indian jurisprudence. It provides a locus standi to the aggrieved person to claim to apply for judicial review.  Legitimate expectations arise in many forms due to different kinds of circumstances. In words of Brennan J

“ the notion of legitimate expectation is not the key which unlocks the treasury of natural justice and it ought not unlocks the gate which shuts the courts out of review on the merits”.

Written By Anki Rautri, University School of Law and Legal Studies

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References

[1] (1983) 2 AC 629: (1983) 2 WLR 735 (PC)

[2] (1992) 4 SCC 477: AIR 1993 SC 145

[3] (1993) 4 SCC 441: AIR 1994 SC 268

[4] (1994) 5 SCC 509

[5] (2012) 11 SCC 1