Practical Application of Doctrine of Legitimate Expectation in Indian Judiciary
jurisprudence clat_pg advanced internship_learnDuring my internship at a law firm, I witnessed a habeas corpus petition being heard in a lower court. To my surprise, the court dismissed the petition citing that the petitioner had not exhausted the forum of first instance, i.e., the district magistrate. But what caught my attention was the mention of the doctrine of legitimate expectation. The counsel argued that the petitioner had a legitimate expectation of getting a fair hearing, which the court didn't provide. The court eventually overturned its decision after being apprised of the Supreme Court's landmark judgment in Suo Moto v. State of Jharkhand (2014). This case highlighted the importance of the doctrine in ensuring that the government acts in a manner that respects the reasonable expectations of its citizens. I was impressed by how a seemingly mundane habeas corpus petition led to a deeper understanding of this critical concept in Indian jurisprudence.
"Maine do case studies dekhe hain jo is vichaar ko samjhaate hain (I've seen two case studies that illustrate this concept). Pratibha Devi vs Union of India (2006) mein, Supreme Court ne apne 1991 ke order ko badalne se inka mana ke liye kaha (In Pratibha Devi vs Union of India, Supreme Court said they had a legitimate expectation that their 1991 order wouldn't be changed).