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ARTICLE · 16 JUNE 2014

Doctrine Of Legitimate Expectation: Overview

S&A Law Offices
S&A Law Offices
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S&A Law Offices

S&A Law Offices

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What is legitimate expectation? It is an expectation of a benefit, relief or remedy that may ordinarily flow from a promise or established practice.

IndiaGovernment, Public Sector

"What is legitimate expectation? Obviously, it is not a legal right. It is an expectation of a benefit, relief or remedy that may ordinarily flow from a promise or established practice. The term 'established practice' refers to a regular, consistent predictable and certain conduct, process or activity of the decision-making authority. The expectation should be legitimate, that is, reasonable, logical and valid. Any expectation which is based on sporadic or casual or random acts, or which is unreasonable, illogical or invalid cannot be a legitimate expectation. Not being a right, it is not enforceable as such. It is a concept fashioned by courts, for judicial review of administrative action. It is procedural in character based on the requirement of a higher degree of fairness in administrative action, as a consequence of the promise made, or practice established."

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