Understanding the Doctrine of Legitimate Expectation in Administrative Law

The doctrine of legitimate expectation occupies an important place in administrative law, particularly where individuals have developed an expectation from a public authority’s past practice, representation, or established procedure.

The doctrine does not ordinarily create an absolute right to a particular outcome. Rather, it operates as a principle of fairness in the exercise of public power and may require an authority to consider the expectation it has created before departing from an established position.

Indian courts have considered legitimate expectation in several contexts, including administrative decision-making, public tenders, and changes in established governmental practices. Its application, however, depends upon the facts of each case and the nature of the representation or practice giving rise to the expectation.

This article briefly examines the conceptual foundation of legitimate expectation, its relationship with principles of natural justice, and the limitations placed upon its application by Indian courts.

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