Interplay between the doctrine of Legitimate Expectations and Administrative Discretion: Legitimate Expectation as a ground for Judicial Review

The evolution of the Welfare State has significantly expanded administrative functions, making constitutional mandates central to administrative actions and enforceable through judicial review. Within this framework, the doctrine of legitimate expectation plays a crucial role in ensuring fairness, accountability, and adherence to principles of natural justice. Although not an enforceable right, legitimate expectation serves as a vital ground for reviewing administrative discretion, preventing arbitrariness and abuse of power. Indian courts, through various judgments, have affirmed both procedural and substantive aspects of this doctrine, ensuring that administrative authorities act reasonably, consistently, and in conformity with Article 14 of the Constitution. By reinforcing transparency and protecting individuals from abrupt policy changes or unfair decisions, the doctrine strengthens the rule of law and upholds citizens' trust in public administration.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-03-30
DOI
https://doi.org/10.5281/zenodo.17768168
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Interplay between the doctrine of Legitimate Expectations and Administrative Discretion: Legitimate Expectation as a ground for Judicial Review

Adv. Antara Abhay Thorat
Zenodo (CERN European Organization for Nuclear Research)
Judicial and Constitutional Studies
article

Interplay between the doctrine of Legitimate Expectations and Administrative Discretion: Legitimate Expectation as a ground for Judicial Review

Adv. Antara Abhay Thorat
article en

Abstract

The evolution of the Welfare State has significantly expanded administrative functions, making constitutional mandates central to administrative actions and enforceable through judicial review. Within this framework, the doctrine of legitimate expectation plays a crucial role in ensuring fairness, accountability, and adherence to principles of natural justice. Although not an enforceable right, legitimate expectation serves as a vital ground for reviewing administrative discretion, preventing arbitrariness and abuse of power. Indian courts, through various judgments, have affirmed both procedural and substantive aspects of this doctrine, ensuring that administrative authorities act reasonably, consistently, and in conformity with Article 14 of the Constitution. By reinforcing transparency and protecting individuals from abrupt policy changes or unfair decisions, the doctrine strengthens the rule of law and upholds citizens' trust in public administration.

Zenodo (CERN European Organization for Nuclear Research)
Maharashtra National Law University Mumbai (IN)
Peace, Justice and strong institutions
Openalex Percentile: Top 13%
Judicial and Constitutional Studies
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