The Role Of Equity And Justice In Promissory Estoppel: How The Courts Balance The Interests

The Role Of Equity And Justice In Promissory Estoppel: How The Courts Balance The Interests Of The Promisee And The Public When Dealing With Government Promises

Govardhini. V, School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University

ABSTRACT

Administrative Law, the legal framework within which public administration is carried out. It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law. Since administration involves the exercise of power by the executive arm of government, administrative law is of constitutional and political, as well as juridical, importance. The doctrine of Promissory Estoppel plays an important role in keeping up the promises made by the Government in favour of the public interest. Article 299 of the Indian Constitution empowers the government to enter into legally binding contracts with private entities to achieve public objectives, subject to specific conditions. It requires that such contracts be executed in writing, specify the terms and conditions of the agreement, and be executed by an authorized government official. The provision promotes transparency and accountability in government contracting and prevents any misuse of power or corruption. Promissory estoppel is a legal principle that applies in administrative law and seeks to enforce promises made by public authorities. The objective of promissory estoppel is to prevent public authorities from acting in an arbitrary and unjust manner and to ensure that they act in a manner that is consistent with the principle of fairness. In administrative law, promissory estoppel prevents public authorities from reneging on promises made to individuals or organizations. If a public authority makes a promise to an individual or organization, and the individual or organization relies on that promise, the public authority may be estopped from going back on its promise if it would be unfair or unjust to do so. The evolution of the doctrine, its applicability against the government, and exceptions to the doctrine are discussed. The role of equity and justice followed by the courts in relation to the doctrine of Promissory estoppel has been discussed briefly

Keywords: Equity, government, cause of action, public interest, transparency, accountability, fairness.