Legitimate expectation
anshul sangal
(Querist) 07 February 2010
This query is : Resolved
What is doctrine of legitimate expectation ?what is its relation with article 14 of constitutation?
Parveen Kr. Aggarwal
(Expert) 07 February 2010
In English law, the concept of legitimate expectation arises from administrative law, a branch of public law. In proceedings for judicial review, it applies the principles of fairness and reasonableness to the situation where a person has an expectation or interest in a public body retaining a long-standing practice or keeping a promise.
Raj Kumar Makkad
(Expert) 08 February 2010
Administrative law has a tremendous social function to perform. It is the body of reasonable limitations and affirmative action parameters, which are developed, and operationalised by the legislature and the courts to maintain and sustain the rule of law. The courts, through writs of habeas corpus, mandamus, certiorari, prohibitio and quo warranto, control administrative action. The source of Administrative law is the statutes, statutory instruments, precedents and customs. The article discusses the doctrine of legitimate expectation, Public Accountability and doctrine of proportionality. The increased power of the administration judicial control has become an important area of administrative law, because courts have proved more effective and useful than the legislative or the administrative powers.
Adinath@Avinash Patil
(Expert) 08 February 2010
RAJ REPLIED VERY WEL I AGREE WITH RAJ.
RAJ'S REPLY SHOWS RAJ IS STUDIED ADVOCATE.
James Arun
(Expert) 08 February 2010
In simple words, Article 14 of our Constitution talks about the fundamental right to equality. Doctrine of Legitimate Expectation (DOLE) read with Article 14 espouses equal treatment from the Government or State players in all matters. DOLE is similar to Doctrine of Estoppel, including Promissory Estoppel. If the Government has made a rule or a promise, and someone has acted on such promise in good faith, the Government cannot go back on it.
In simple words, this is DOLE.
Though it is often considered applicable to administrative law, where the State is a party, it can also be used between two private parties in specific cases.
My learned brothers have given the textbook definition very nicely for everyone's academic interest. I agree with them.
James
Arunkumarpj@gmail.com
