Legitimate Expectation
/lɪˈdʒɪtɪmət ˌɛkspɛkˈteɪʃən/
Administrative Law Doctrine
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Definition
A doctrine that protects a person's reasonable expectation — created by a promise, practice, or representation of a public authority — that a benefit will continue or a certain procedure will be followed before adverse action is taken. It is a procedural right: where legitimate expectation exists, the authority must follow a fair procedure (consultation, hearing) before departing from it. It does not guarantee a substantive right to the expected benefit.
Examples
Case Study
In Council of Civil Service Unions v. Minister for the Civil Service (GCHQ case, 1984), the House of Lords recognised legitimate expectation as justiciable in English administrative law. In India, the Supreme Court adopted and applied the doctrine in Union of India v. Hindustan Development Corporation (1993), holding that where the government makes a representation and a person acts on it, they are entitled to procedural fairness before the representation is departed from.
Key Cases
Union of India v. Hindustan Development Corporation
1993(1993) 3 SCC 499
Adopted legitimate expectation as a doctrine in Indian administrative law. Where a representation is made and acted upon, procedural fairness is owed before departure. Doctrine is primarily procedural, not substantive.
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