Legitimate expectation, doctrine of

Scope of the doctrine of legitimate expectation stated.

Doctrine of legitimate expectation connoted that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some uniform practice or an explicit promise made by the concerned authority

In fact, a legitimate expectation ascended in consequence of a promise, assurance, practice or policy made, adopted or announced by or on behalf of government or a public authority

When such a legitimate expectation was obliterated, it afforded locus standi to challenge the administrative action and even in the absenteeism of a substantive right, a legitimate expectation may allow an individual to seek judicial review of a wrongdoing

In deciding whether the expectation was legitimate or not, the courts may consider whether the decision of public authority had breached a legitimate expectation and, if it was proved so, then the court may annul the decision and direct the concerned authority/person to live up to the legitimate expectation

Said doctrine was basically applied as a tool to watch over the actions of administrative authorities and in essence imposed obligations on all public authorities to act fair and square in all matters encompassing legitimate expectation.

Doctrine of legitimate expectation connoted that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some uniform practice or an explicit promise made by the concerned authority

In fact, a legitimate expectation ascended in consequence of a promise, assurance, practice or policy made, adopted or announced by or on behalf of government or a public authority

When such a legitimate expectation was obliterated, it afforded locus standi to challenge the administrative action and even in the absenteeism of a substantive right, a legitimate expectation may allow an individual to seek judicial review of a wrongdoing

In deciding whether the expectation was legitimate or not, the courts may consider whether the decision of public authority had breached a legitimate expectation and, if it was proved so, then the court may annul the decision and direct the concerned authority/person to live up to the legitimate expectation

Said doctrine was basically applied as a tool to watch over the actions of administrative authorities and in essence imposed obligations on all public authorities to act fair and square in all matters encompassing legitimate expectation.

Doctrine of legitimate expectation in the substantive sense mandates that the decision making authority can normally be compelled to give effect to it unless overriding public interest demands otherwise.

Principle of "legitimate expectancy" is at the root of the rule of law and requires regularity, predictability and certainty in governments' dealings with the public

Decision maker can be compelled to give effect to his representation in regard to the expectation based on previous practice or past conduct unless some overriding public interest comes in the way

Legitimate expectation may be procedural or substantive or both

Procedural part of legitimate expectation relates to a representation that a hearing or other appropriate procedure will be afforded before any change in decision is made

Substantive part of the doctrine relates to the representation that a benefit of substantive nature will be granted or will continue

Procedural legitimate expectation cannot be withdrawn without giving a person concerned some opportunity of advancing reason for contending that it should not be withdrawn

Substantive expectation cannot be withdrawn unless some rational grounds for withdrawing it have been communicated to the person concerned and on which he has been given an opportunity to comment.

Scope.

Doctrine of legitimate expectation was not a part of any codified law, rather the doctrine had been coined and designed by the courts primarily for the exercise of their power of judicial review of administrative actions

Said doctrine only had nexus to administrative decisions and actions, and no one could have resort to it, for the purposes of claiming any right found upon any decisions of the court, which decision and the law laid down therein was found by the court to be per incuriam.

Such doctrine is recognized doctrine in legal parlance but rationale for implementing the doctrine is that if decision or action taken by authority is conveyed to its beneficiary.