Comprehension
"The main argument on behalf of the Respondents was that the Government was bound by its promise and could not have resiled from it. They had an indefeasible legitimate expectation of continued employment, stemming from the Government Order dated 20.02.2002 which could not have been withdrawn. It was further submitted on behalf of the Respondents that they were not given an opportunity before the benefit that was promised, was taken away. To appreciate this contention of the Respondents, it is necessary to understand the concept of legitimate expectation. 14. The principle of legitimate expectation has been recognized by this Court in ―Union of India v. Hindustan Development Corporation & Ors.‖ If the promise made by an authority is clear, unequivocal and unambiguous, a person can claim that the authority in all fairness should not act contrary to the promise.
15. M. Jagannadha Rao, J. elaborately elucidated on legitimate expectation in ―Punjab Communications Ltd. v. Union of India & Ors.‖ He referred to the judgment in 2 (1993) 3 SCC 499 ―Council of Civil Service Unions and Ors. v. Minister for the Civil Service‖ in which Lord Diplock had observed that for a legitimate expectation to arise, the decisions of the administrative authority must affect the person by depriving him of some benefit or advantage which, (i) he had in the past been permitted by the decision- maker to enjoy and which he can legitimately expect to be permitted to continue to do until there has been communicated to him some rational grounds for withdrawing it on which he has been given an opportunity to comment; or (ii) he has received assurance from the decision-maker that they will not be withdrawn without giving him first an opportunity of advancing reasons for contending that they should not be withdrawn.
Rao, J. observed in this case, that the procedural part of legitimate expectation relates to a representation that a hearing or other appropriate procedure will be afforded before the decision is made. The substantive part of the principle is that if a representation is made that a benefit of a substantive nature will be granted or if the person is already in receipt of the benefit, that it will be continued and not be substantially varied, then the same could be enforced.
16. It has been held by R. V. Raveendran, J. in ―Ram Pravesh Singh v. State of Bihar‖ that legitimate expectation is not a legal right. Not being a right, it is not enforceable as such. It may entitle an expectant: (a) to an opportunity to show cause before the expectation is dashed; or (b) to an explanation as to the cause of denial. In appropriate cases, the Courts may grant a direction requiring the authority to follow the promised procedure or established practice."
Source: Excerpt taken from the judgment delivered by the bench of L. Nageshwar Rao & Hemant Gupta, J.J. in Kerala State Beverages (M and M) v. P P Suresh & Ors.,(2019) 9 SCC 710.
15. M. Jagannadha Rao, J. elaborately elucidated on legitimate expectation in ―Punjab Communications Ltd. v. Union of India & Ors.‖ He referred to the judgment in 2 (1993) 3 SCC 499 ―Council of Civil Service Unions and Ors. v. Minister for the Civil Service‖ in which Lord Diplock had observed that for a legitimate expectation to arise, the decisions of the administrative authority must affect the person by depriving him of some benefit or advantage which, (i) he had in the past been permitted by the decision- maker to enjoy and which he can legitimately expect to be permitted to continue to do until there has been communicated to him some rational grounds for withdrawing it on which he has been given an opportunity to comment; or (ii) he has received assurance from the decision-maker that they will not be withdrawn without giving him first an opportunity of advancing reasons for contending that they should not be withdrawn.
Rao, J. observed in this case, that the procedural part of legitimate expectation relates to a representation that a hearing or other appropriate procedure will be afforded before the decision is made. The substantive part of the principle is that if a representation is made that a benefit of a substantive nature will be granted or if the person is already in receipt of the benefit, that it will be continued and not be substantially varied, then the same could be enforced.
16. It has been held by R. V. Raveendran, J. in ―Ram Pravesh Singh v. State of Bihar‖ that legitimate expectation is not a legal right. Not being a right, it is not enforceable as such. It may entitle an expectant: (a) to an opportunity to show cause before the expectation is dashed; or (b) to an explanation as to the cause of denial. In appropriate cases, the Courts may grant a direction requiring the authority to follow the promised procedure or established practice."
Source: Excerpt taken from the judgment delivered by the bench of L. Nageshwar Rao & Hemant Gupta, J.J. in Kerala State Beverages (M and M) v. P P Suresh & Ors.,(2019) 9 SCC 710.
Question: 1
Which of the following statements cannot be identified as a limitation upon the Doctrineof Legitimate Expectation?
Which of the following statements cannot be identified as a limitation upon the Doctrineof Legitimate Expectation?
Updated On: Aug 22, 2024
- The concept of Legitimate Expectation is only procedural and has no substantive impa
- The doctrine does not apply to legislative activities.
- The doctrine does not apply if it is contrary to Public Policy or against the Security of State
- There are parallels between the Doctrine of Legitimate Expectation and Promissory Estoppel
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The Correct Option is A
Solution and Explanation
The correct Option is (A):The concept of Legitimate Expectation is only procedural and has no substantive impact
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Question: 2
Which of the following is not true in relation to the Doctrine of Legitimate Expectation as observed by the Supreme Court in "Monnet Ispat & Energy Ltd. v. Union of India‟?
Which of the following is not true in relation to the Doctrine of Legitimate Expectation as observed by the Supreme Court in "Monnet Ispat & Energy Ltd. v. Union of India‟?
Updated On: Jul 11, 2024
- The Doctrine of Legitimate Expectation cannot be invoked as a substantive and enforceable right
- The Legitimate Expectation is different from anticipation and an anticipation cannot amount to an assertable expectation
- The Doctrine of Legitimate Expectation is founded on the principles of reasonableness and fairness.
- The Doctrine of Legitimate Expectation is founded on the principles of reasonableness and fairness.
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The Correct Option is A
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The correct Option is (A):The Doctrine of Legitimate Expectation cannot be invoked as a substantive and enforceable right
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Question: 3
Which of the following cases can be traced as the origin of the Doctrine of Legitimate Expectation?
Which of the following cases can be traced as the origin of the Doctrine of Legitimate Expectation?
Updated On: Jul 11, 2024
- Attorney General of Hong Kong v. Ng Yeun Shiu, (1983) 2 AC 629.
- Schmidt v. Secy. Of State for Home Affairs, (1969) 2 Ch 149 (CA).
- Food Corporation of India v. Kamdhenu Cattle Feed Industries, AIR 1993 SC 1601
- Breen v. Amalgamated Engg. Union, (1971) 2 WLR 742.
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The Correct Option is B
Solution and Explanation
The correct Option is (B): Schmidt v. Secy. Of State for Home Affairs, (1969) 2 Ch 149 (CA)
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Question: 4
Which of the following is not a ground for judicial review of a discretionary action of anAdministrative Authority in India?
Which of the following is not a ground for judicial review of a discretionary action of anAdministrative Authority in India?
Updated On: Aug 23, 2024
- Failure to exercise discretion
- Excess or abuse of discretion
- A breach of rules of Natural Justice
- None of the above
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The Correct Option is A
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The correct Option is (A):Failure to exercise discretion
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Question: 5
Which of the following statement is true in relation to "Empty formality" theory of thePrinciple of Natural Justice?
Which of the following statement is true in relation to "Empty formality" theory of thePrinciple of Natural Justice?
Updated On: Jul 11, 2024
- The plea for not following the Principle of Natural Justice is not sustainable on the grounds of Empty Formality.
- The plea for not following the Principle of Natural Justice is sustainable on the grounds of Empty Formality.
- The Empty Formality affords a legitimate ground for the avoidance of Principle of Natural Justice.
- Both options (b) & (c) are correct.
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The Correct Option is B
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The correct Option is (B):The plea for not following the Principle of Natural Justice is sustainable on the grounds of Empty Formality.
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Question: 6
What is the meaning of a writ of "Certiorarified mandamus"?
What is the meaning of a writ of "Certiorarified mandamus"?
Updated On: Jul 11, 2024
- A writ of Mandamus, issued against an adjudicating body to quash a decision.
- A writ of Certiorari issued to an administrative body to quash its decision.
- A simultaneous writ to quash a decision and also to give a direction.
- A simultaneous writ to quash a direction and give a decision.
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The Correct Option is C
Solution and Explanation
The correct Option is (C):A simultaneous writ to quash a decision and also to give a direction.
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Question: 7
Which of the following is not a ground for holding a Delegated Legislation as invalid?
Which of the following is not a ground for holding a Delegated Legislation as invalid?
Updated On: Jul 11, 2024
- Parent Act delegates non-essential legislative function
- Delegated legislation is inconsistent with the general law
- Parent Act itself is unconstitutional.
- Delegated legislation is inconsistent with the Parent Act
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The Correct Option is A
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The correct Option is (A):Parent Act delegates non-essential legislative function
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Question: 8
In which of the following cases, Hegde J observed that, "Whenever a complaint is made before a court that some Principle of Natural Justice had been contravened, the court had to decide whether the observance of that rule was necessary for a just decision on the facts of that case."?
In which of the following cases, Hegde J observed that, "Whenever a complaint is made before a court that some Principle of Natural Justice had been contravened, the court had to decide whether the observance of that rule was necessary for a just decision on the facts of that case."?
Updated On: Jul 11, 2024
- A.K. Kraipak v. Union of India
- Maneka Gandhi v. Union of India
- Union of India v. P.K. Roy
- Dharampal Satyapal Ltd. v. CCE
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The Correct Option is A
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The correct Option is (A):A.K. Kraipak v. Union of India
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Question: 9
Which of the following is not an essential condition before pressing the Doctrine of Estoppel into service or benefit contract?
Which of the following is not an essential condition before pressing the Doctrine of Estoppel into service or benefit contract?
Updated On: Jul 11, 2024
- A representation or conduct amounting to representation have been made.
- He must have acted to his detriment or suffered as a result of such representation
- The other party to whom representation was made must have acted upon such representation
- The representation must have been made with the intention of not fulfilling it.
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The Correct Option is D
Solution and Explanation
The correct Option is (D):The representation must have been made with the intention of not fulfilling it.
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Question: 10
Suppose, students filled up JEE Mains form for 2020. Due to repeated postponements of JEE, IIT Kharagpur decided to opt out of JEE mains and conducted its own separate Test. On which of the following grounds the decision of IIT Kharagpur can be challenged?
Suppose, students filled up JEE Mains form for 2020. Due to repeated postponements of JEE, IIT Kharagpur decided to opt out of JEE mains and conducted its own separate Test. On which of the following grounds the decision of IIT Kharagpur can be challenged?
Updated On: Aug 23, 2024
- Procedural fairness
- Legitimate expectation
- Manifest arbitrariness
- IIT Kharagpur‘s decision cannot be challenged as it was taken in the interest of the students.
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The Correct Option is B
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The correct Option is (B):Legitimate expectation
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The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
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