Nature, Scope and Applicability of the Doctrine of Legitimate Expectation in India and Pakistan

Abstract

As the doctrine of legitimate expectation is a simmering terrain of administrative law, therefore, a lot of dimensions are yet to be addressed. Pledges demonstrated, policies chalked out and practices made by the government ordinarily pave the way to expectations. Public functionaries do defeat the expectations harboured by the public by ignoring fairness (procedural or substantive) enabling thereby the courts to judicially review the decision. So, the courts have been burdening the administrative authorities that despite being short of legal right, the claimant becomes entitled to fair hearing if the claim comes up to the level of legitimate expectation. The doctrine, being a check on the administration, has turned out not only to be a potent tool to enhance the efficiency but equally officious in promoting fairness in the decisions. Undoubtedly, the courts in India have, at the outset, broadened the scope of the doctrine by giving effect to the substantive expectations of the claimant as well but unfortunately, this aspect of the doctrine could attract the judicial favour lately in Pakistan. Through this paper, efforts have been made to trace out the scope, and extent of the doctrine through mainly the prisms of judicial approaches in India and Pakistan.