Doctrine of legitimate expectations. A critical analysis.
Identification of topic
To begin with , as the topic has been identified the Doctrine of legitimate expectations is related to fairness and reasonableness depending on what a society consider to be fair and reasonable . To aggravate matters, there will be a critical analysis of this doctrine attached with suggestions and social impacts as well.
NOVELITY OF THE TOPIC
Furthermore, on this blog, there will be an evaluation of the Doctrine of Legitimate expectations focusing more on its evolution, meaning, the inclusion of Article 14 of the Constitution of India. Not forgetting suitable and relevant case laws.
INTRODUCTION OF THE TOPIC
Legitimate expectations is the doctrine which means the reasonable expectation by a person being treated in a certain way by the public authorities on account of consistent practice or an express promise made by the concerned authority. This doctrine is traced back to the English Law which was taken as a ground for judicial review in the administrative law to protect the procedural and substantive interest when a public authority abolish representation made to a person. Doctrine of legitimate expectation is evolved as the principle of natural justice. It is also related to the field of public law. As the doctrine imposes a duty on the public authority when he makes a promise either expressly or impliedly which then results in expectation by an individual. The doctrine of legitimate expectation is to keep a check on public authority his duty and to act fairly by taking into consideration all relevant factors relating to legitimate expectation. It also imposes the duty on the public authority not to act in defecting the legitimate expectation without having some reason for public policy to justify doing.
As the doctrine imposes a duty on the public authority when he makes a promise either expressly or impliedly results in expectation by an individual. The doctrine of legitimate expectation is to keep a check on public authority his duty and to act fairly by taking into consideration all relevant factors relating to legitimate expectation. It also imposes the duty on the public authority not to act in defecting the legitimate expectation without having some reason for public policy to justify doing.
LEGAL RESEARCH
A case of M.P. Oil Extraction v. State of M.P., (1997) 7 SCC 592. lt was observed that this doctrine of Legitimate Expectations operates in the domain of public law, and is not merely a procedural right subsumed within the requirement of natural justice or elementary canons of fair play. It constitutes a substantive, enforceable and protectable interest as a facet of Article 14 itself. The doctrine applies a fortiori and proprio vigored to cases of contract and renewals thereof.
ln the Constitution of India Article 14 reviews the principle of natural justice which includes the right to hearing which has its ground for legitimate expectation. lt is not subject to individual determination and its unreasonableness is necessary to know whether there was a denial of legitimate expectation. Article 14 emphasize on reasonable or legitimate expectation for every individual to treat fairly in the relationship between the individual and the public authority.
SOCIAL IMPACTS
The doctrine of legitimate expectation cannot be claimed as a right in itself, but can be used only when the denial of a legitimate expectation leads to the violation of Article 14 of the Constitution. This judgment was pronounced by the division bench comprising hon’ble Justice Dhananjay Y. Chandrachud and Justice Indu Malhotra at Supreme Court in the matter of The State of Jharkhand and others v. Brahmputra Metallics Ltd.
SUGGESTION
The need for this doctrine to have an independent existence. The doctrine of legitimate expectations very well leads to a procedural right that is right to judicial review in India but the substantive aspect of the doctrine can be said to be in a budding stage. There has been hesitance amongst academicians as A.K. Srivastava, Doctrine of Legitimate Expectation (1995 to whether the doctrine should apply to substantive rights at all. It has been argued that application of the doctrine to substantive rights might result in failure of separation of powers and would qualify as overstepping of Judiciary. Therefore this doctrine has to be applied.
CONCLUSION
The doctrine of legitimate expectations has undoubtedly gained significance in the Indian Courts, giving locus standi to a person who may or may not have a direct legal right. It is a welcome addition to the armory of the courts ensuring that discretions are exercised fairly. The phrase legitimate expectation, which is much in vogue, must not be allowed to collapse into an inchoate justification for judicial intervention.
Author: Memory Mbombe,
Lovely Professional University