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.
Iftikhar Ahmad Tarar. (2020) Nature, Scope And Applicability Of The Doctrine Of Legitimate Expectation In India And Pakistan, Journal of Political Science, Volume, Issue-1.
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