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expectation of continued employment, stemming from the Government Order dated 20.02.2002 which could not have been withdrawn.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been given an opportunity to comment; or (ii) he has received assurance from the decision-maker that they will not be withdrawn without giving him first an opportunity of advancing reasons for contending that they should not be withdrawn.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.
Question: 1

Which of the following statements cannot be identified as a limitation upon the Doctrineof Legitimate Expectation?

Updated On: Jul 10, 2026
  • 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
Show Solution

The Correct Option is A

Solution and Explanation

Three of these four statements are limitations courts actually apply when deciding legitimate expectation cases, and one is simply an inaccurate description of the doctrine, so the fastest way through this question is to separate genuine restrictions from a wrong claim.

  1. Legislative activity and public policy or security exceptions: both are well established, courts do not let legitimate expectation bind the legislature, and they let overriding public interest defeat an otherwise valid expectation.
  2. Link with Promissory Estoppel: both doctrines stop an authority from resiling from its own representation, and this connection is regularly noted in judgments, so it is an accurate feature of the doctrine, not a false claim about it.
  3. Only-procedural claim: this describes the doctrine as it stood decades ago, before substantive legitimate expectation was recognised; today, courts do grant substantive relief in appropriate cases, so calling the doctrine purely procedural is outdated and inaccurate.

Because it misdescribes the doctrine rather than limiting it, the only-procedural statement is the one that cannot be treated as a limitation, making Option A the correct choice.

Was this answer helpful?
0
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‟?

Updated On: Jul 10, 2026
  • 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.
Show Solution

The Correct Option is A

Solution and Explanation

The quickest way into this question is to notice that two of the four options say the exact same thing about reasonableness and fairness, which already tells us the doctrine's foundation is not what is being tested here, it is one of the other two statements.

  1. Anticipation versus legitimate expectation: courts have been careful to separate a party's private hope from an expectation grounded in an authority's promise or consistent conduct, only the latter is legally significant, and this statement captures that distinction correctly.
  2. Reasonableness and fairness as the doctrine's foundation: repeated in two of the options, and undisputed as the doctrine's underlying rationale.
  3. Enforceability claim: saying the doctrine can never be invoked as a substantive, enforceable right goes further than the law actually holds, since substantive enforcement has been allowed in suitable cases.

That overstatement about enforceability is what makes it the untrue statement, so Option A is correct.

Was this answer helpful?
0
Question: 3

Which of the following cases can be traced as the origin of the Doctrine of Legitimate Expectation?

Updated On: Jul 10, 2026
  • 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.
Show Solution

The Correct Option is B

Solution and Explanation

Tracing a legal doctrine to its origin is a matter of chronology and authorship, and here that means asking which judge first used the term.

  1. Lord Denning's coinage: in Schmidt, Lord Denning introduced legitimate expectation into English administrative law while considering whether an alien had a right to be heard before his permission to stay was cut short.
  2. Later cases build on it: Breen (1971), Ng Yeun Shiu (1983), and Kamdhenu Cattle Feed (1993) all apply and expand the doctrine in different fact situations, English trade unions, Hong Kong immigration, and Indian tender law respectively, but each comes after the concept had already been named.

Since the doctrine's name and first application trace back to 1969, Schmidt v. Secretary of State for Home Affairs is the case usually credited as its origin, making option B correct.

Was this answer helpful?
0
Question: 4

Which of the following is not a ground for judicial review of a discretionary action of anAdministrative Authority in India?

Updated On: Jul 10, 2026
  • Failure to exercise discretion
  • Excess or abuse of discretion
  • A breach of rules of Natural Justice
  • None of the above
Show Solution

The Correct Option is A

Solution and Explanation

Judicial review of administrative discretion in India is usually organised around a small number of independent categories, so this question is really about which listed item does not deserve to stand as its own separate category.

  1. Excess or abuse of discretion: a broad, well-settled ground covering irrelevant considerations, mala fide action, and unreasonableness, wide enough to already capture cases where an authority declines to apply its mind or acts under dictation.
  2. Breach of natural justice: a separately and independently recognised ground focused on fair procedure, distinct from how the substance of the discretion was used.
  3. Failure to exercise discretion: rather than being a freestanding third category, this situation, an authority fettering itself or acting under someone else's instruction, is typically treated as one way in which discretion is abused, so it does not need its own separate label alongside excess or abuse of discretion.

Since it collapses into the abuse-of-discretion category instead of standing apart from it, failure to exercise discretion is the item that does not work as an independent ground, confirming Option A as the answer.

Was this answer helpful?
0
Question: 5

Which of the following statement is true in relation to "Empty formality" theory of thePrinciple of Natural Justice?

Updated On: Jul 10, 2026
  • 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.
Show Solution

The Correct Option is B

Solution and Explanation

The empty formality theory is one of the more debated corners of natural justice law in India, and the key to this question is noticing how narrowly courts have actually allowed it to operate.

  1. Why an absolute refusal is wrong: courts have, in select cases, excused a natural justice lapse where a hearing would clearly have changed nothing, so ruling it out completely does not match the case law.
  2. Why a broad general licence is also wrong: treating empty formality as a general licence to skip natural justice invites abuse, and courts have been vocal about confining it strictly to cases with an unavoidable, foregone outcome.
  3. What is actually correct: the plea can succeed, but only as a narrow, fact-specific exception, a qualified yes in the right circumstances rather than an unqualified rule either way.

That qualified acceptance is what the correct option captures, making Option B the right choice.

Was this answer helpful?
0
Question: 6

What is the meaning of a writ of "Certiorarified mandamus"?

Updated On: Jul 10, 2026
  • 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.
Show Solution

The Correct Option is C

Solution and Explanation

Breaking the compound term into its two components is the fastest way to answer this one, since certiorarified mandamus is literally Certiorari plus Mandamus acting together.

  1. Certiorari's role: it quashes an order or decision made without or in excess of jurisdiction, or in violation of natural justice.
  2. Mandamus's role: it commands the authority to perform its public duty, here, to decide the matter again or act as required once the flawed decision is out of the way.
  3. Combined effect: issuing both together means the court first wipes out the bad decision and then, in the same order, directs the authority on what to do next, a decision quashed and a direction given, not the reverse.

That is exactly the combination option C describes, so Option C is correct.

Was this answer helpful?
0
Question: 7

Which of the following is not a ground for holding a Delegated Legislation as invalid?

Updated On: Jul 10, 2026
  • 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
Show Solution

The Correct Option is A

Solution and Explanation

The rule against excessive delegation only bites when essential legislative functions, laying down policy, are handed over, so this question is really testing that distinction between essential and non-essential functions.

  1. Permitted delegation: non-essential matters, filling in procedural detail, notifying dates, adapting rules to local conditions, can lawfully be delegated without affecting the validity of the resulting rules or regulations.
  2. Real grounds of invalidity: the delegated legislation conflicting with the Parent Act, conflicting with general law, or the Parent Act itself being unconstitutional, each strikes at the legality of the subordinate legislation directly.

Since delegating a non-essential function falls on the permitted side of that line rather than the invalidating side, it is the one option that is not a ground for invalidity, making Option A correct.

Was this answer helpful?
0
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."?

Updated On: Jul 10, 2026
  • 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
Show Solution

The Correct Option is A

Solution and Explanation

Matching a quoted legal test to its case is easiest when you recall what each option is actually known for.

  1. A.K. Kraipak: famous for collapsing the old administrative versus quasi-judicial divide and holding that whether natural justice needed to be followed depended on the facts of each case, exactly the formulation in the question.
  2. Maneka Gandhi: known for reading fairness and natural justice into Article 21's procedure established by law, a different contribution than the fact-specific test asked about here.
  3. P.K. Roy and Dharampal Satyapal: both apply natural justice principles in their own specific contexts, service law and excise law respectively, but are not the origin of this particular reasoning.

Since the quoted test is the hallmark of the Kraipak judgment, Option A is correct.

Was this answer helpful?
0
Question: 9

Which of the following is not an essential condition before pressing the Doctrine of Estoppel into service or benefit contract?

Updated On: Jul 10, 2026
  • 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.
Show Solution

The Correct Option is D

Solution and Explanation

Estoppel is fundamentally about protecting reliance, not about punishing bad intent, and keeping that distinction in mind resolves this question quickly.

  1. Representation, reliance, detriment: these three elements, something represented, something relied upon, and some resulting harm, are what a party actually has to establish to invoke estoppel.
  2. Intention to break the promise: the doctrine does not ask whether the person making the representation secretly meant to go back on it; a perfectly honest representation that later cannot be honoured can still trigger estoppel if the other conditions are met.

Because proving bad intent has never been part of the test, that is the condition that is not essential, making Option D the correct answer.

Was this answer helpful?
0
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?

Updated On: Jul 10, 2026
  • Procedural fairness
  • Legitimate expectation
  • Manifest arbitrariness
  • IIT Kharagpur‘s decision cannot be challenged as it was taken in the interest of the students.
Show Solution

The Correct Option is B

Solution and Explanation

Spotting the right ground in a fact-based question means matching the facts to the doctrine's core trigger rather than its label.

  1. What triggers legitimate expectation: a public body's established practice or clear representation that induces people to arrange their affairs around it, here, students filling a common admission form expecting a uniform process.
  2. Why the other grounds fit less precisely: procedural fairness usually concerns being heard before an individual adverse decision, and manifest arbitrariness targets irrational or capricious action generally, neither captures the specific harm of a reasonable, induced expectation being upset.
  3. Why no challenge possible fails: intending to benefit students does not shield an authority from review when it abandons a process people relied on.

The scenario is a textbook legitimate expectation problem, so Option B is correct.

Was this answer helpful?
0

Top Questions on Administrative Law


Questions Asked in CLAT PG exam