International Journal of Law

ISSN: 2455-2194

Vol. 3, Issue 5 (2017)

Doctrine of legitimate expectation: The emerging trends in Indian Judiciary

Author(s): Jarnail Singh, Dr. RK Gupta
Abstract: Expectation of a person can be conceived in various forms and degrees. A new recruit in service expects to be given an annual increment, in keeping with the escalation of prices, to mitigate the cost of. Likewise, living an expectation of time scale promotion in service hierarchy and even an out of turn promotion, for one who is dedicated, hardworking, and sincere and is producing succeeding excellent results. Legitimate Expectation of a person is of being treated in a certain way by an Authority even though one has no right in a Private Law to be treated as expected. Legitimate Expectation may arise either from a representation or promise made by the Authority, including an implied representation, or from consistent past practice. Concept of legitimate expectation in administrative law has now gained sufficient importance. “Legitimate Expectation” is the latest recruit to the long list of concepts fashioned by the Courts for the review of administrative actions, and this creation takes its place beside such principles as the rules of natural justice, unreasonableness, the judiciary duty of local authorities and in future perhaps, the principle of proportionality. In the present paper an attempt has been made to discuss the emerging trends of this doctrine in the Indian context.
Pages: 135-142  |  2829 Views  2323 Downloads
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