Doctrine of Legitimate Expectation - Evolution and Development
By
Dr. Devinder Singh
The doctrine of legitimate expectation is aimed at eschewing arbitrary use of administrative powers. Legitimate expectation may arise from either a representation or promise made by the authority, including an implied representation, or from consistent past practice. Legitimate expectation may come in various forms and owe their existence to different kinds of circumstances. This article deals with the doctrine of legitimate expectation and its application by the Courts in India.
Introduction
When Montesque propounded the doctrine of separation of power, he visualised that if the three organs of the Government functioned within their own sphere, the possibility of arbitrariness would be eliminated. He has seen in his times too much tyranny of the executive. When the American revolution succeeded, the founding-father of the U.S. Constitution adopted this model, considering it to be best guarantee against excess of any organ of the Government. When ....