Patil Pramod Pandurang, Shree L.R. Tiwari College of Law, Mumbai University
ABSTRACT
This research article expresses the weaponry power of the recently recognized “Doctrine of Legitimate Expectations” in the worldwide and especially in the Indian Legal System. In the concept of Welfare State life of every individual is greatly influenced by the administrative process. The Constitution mandates the superior strength in administrative matters and operates in public domain with constitutes substantive and procedural rights. The term Legitimate Expectation is an expectation of an ordinary man to have benefit or relief, which is a consequence of a promise or representation, either express or implied, made by the administrative authority concerned or its prior established practice. The Concept of Legitimate Expectation is being practice by the Courts for judicial review and it applies ethics of regularity, predictability, certainty and fairness which are necessary concomitants of Government Action in which failure to keep commitment would permit the state’s action to be interdicted1. Legitimate Expectations are not fundamental rights but the reasonable opportunity to make representation against the decision, changes in policy, guidelines and promises offered by the public authorities and executives.
The Legitimate Expectation is the doctrine has an important place in the development of law of judicial review. Act of the Judiciary is implicated when Ad versified affects on rights of an individual due to a decision of Administrative authority. Deprived individual is eligible for Legitimacy of expectations to avail benefits and privileges. Abuse of discretion by Administrative Authority is protected with the judicial review by Indian Jurisprudence. This article is exploring the landmark judgements regarding Legitimate Expectations which set a precedent regarding protection against the abuse of discretion and audit on ethical duty of public authority.
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