legitimate expectation

A person may have a legitimate expectation of being treated in a particular way by a public authority, even without a legal right, because of an express promise or a regular past practice. The expectation may be procedural (to be heard before a change is made) or substantive (to receive a benefit). If the authority defeats it without good reason, its action may be quashed as arbitrary under Article 14.

The doctrine is not an independent right that overrides public interest. An authority may change its policy for good reason, and the expectation must be reasonable, not merely a hope. Indian courts treat it as part of non-arbitrariness, rather than as a separate ground of review as in England.

Example

The licensees had a legitimate expectation of being heard before the government withdrew the long-standing renewal policy.

In Indian law

• Article 14, Constitution of India
• Food Corporation of India v. Kamdhenu Cattle Feed Industries, 1992 INSC 301: legitimate expectation part of non-arbitrariness

See also

natural justice · promissory estoppel · judicial review · proportionality

Read more in the study notes

• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)
• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Administrative discretion and its judicial review (Administrative Law)
• Estoppel (Bharatiya Sakshya Adhiniyam)
• The WTO dispute settlement process (International Trade Economics)