DELEGATED LEGISLATION

1. Meaning
o The constitution empowers the legislation under Article 246 to make laws without
violating the provisions of the constitution. But, to meet the growing needs of
citizens, it is necessary to make laws suitable for them and effective.
o It is also not easy for the legislature to look after every matter. Since the executive
has direct contact with citizens, it was essential to delegate certain powers of the
legislation to make useful and effective laws to maintain law and order and to guide
people.
In D.S Garewal vs. The State of Punjab, 1959
 Use of such expressions as " Parliament may by law provide " or " Parliament
may by law confer " by the Constitution did not necessarily mean that
delegation was wholly excluded.
 It would be a matter for determination in each case whether the intention
was that the entire provisions were to be made by law without recourse to
any rules framed under the power of delegation.
 The legislation is empowered to delegate its power under Article 312 of the
constitution.

o Black’s Law Dictionary defines ‘Delegation’ as ‘the act of entrusting another with
authority or empowering another to act as an agent or representative’.
o According to Sir John Salmond, “Subordinate legislation is that which proceeds from
any authority other than the sovereign power.”
o According to M.P Jain, this term can be used in two senses:
a. Exercise by a subordinate agency or agency that is lower in rank to legislature
delegated to it by the Legislature.
b. The Subsidiary rules are made by the Subordinate Authority in the execution of
the power bestowed on it by the Legislature.
2. Nature
o The plenary legislative powers conferred upon the executive is subject to the
approval of the legislature. This requirement is an essence of Parliamentary
democracy wherein the executive is responsible to the legislature. Several
constitutional provisions viz., Articles 77(2), 77(3), 98(3), 101(2), 148 (5), 309 and 318
confer rule making power on the Executives.
o Thus, the administrative rule making power is subordinate to the legislature. The
power to make delegated legislation is to be conferred by the Legislature in the
Parental Act. When the function of legislation is so entrusted to an authority, agency
or organ and such legislation is made by that body, authority is called Delegated
legislation.
o Generally, rules, regulation, circular, by-laws, notifications, schemes etc. under the
parent Act are made as delegated legislation.
o Each Act made by the legislature contains a specific section authorizing the authority
to make such rule, regulation etc., for the implementation of the Act.
3. Growth
o The following are the reasons for the growth of delegated legislation:
a. Pressure upon time of Parliament.
 The area, scope, or horizon of state activities are expanding day by day. The
Parliament is so much occupied with matters concerning foreign policy and
political issues that it has not much time to enact the laws in detail.
 It only frames the broad part of the rule and outline of the legislation and
gives that legislation to the executive or some of its subordinates to fill the
full detail following the necessary rules and regulations.
 It is like they have given the only skeleton and the subordinate have to fill
flesh and blood to the skeleton to make it alive.
b. Technicality in the matters.
 With the progress and advancement in society, things have become more
twisted, complicated, and technical. To understand the technicality of each
and every topic, legislature needs the expert of that particular topic who is
well aware of each and every detail of that matter.
 After framing policies by the parliament on any topic, that topic is given to
the government department or any person who knows about the
technicalities of that topic and given the power to lay down the details.
c. Flexibility.
 Parliamentary amendment is very slow, and it requires a process to make any
type of law but by the tool of delegated legislation it can be made
expeditiously with the help of the executives, e.g., police regulation, bank
rate, import and export, foreign exchange, etc.
 Parliament cannot foresee the contingency while enacting a law so to make it
foresee the workload is being given to the executives.
d. Emergency
 In any type of emergency, one should know how to deal with it quickly
without any delay. The legislature is not equipped with the skills of providing
an urgent solution to meet the situation of emergency.
 Therefore, in times of emergency and war, an executive is given wide power
to deal with that situation.
 In the case of inflation, flood, epidemic, economic depression, etc immediate
remedial actions are necessary.
e. Experiment
 The practise of delegated legislation enables the Executive to experiment. As
every work is new for the legislative and he must experiment that either this
law is working in perfect condition or not.
 For example, in traffic matters of the road an experiment method can be
conducted and in the wake of its application necessary changes can be made
in the provisions.
  The advantages of such a course are that it allows the delegated authority to
consult the interest of people at the ground level that what type of law is
affecting them and then he makes an experiment by altering the provisions.
f. Complexity of modern administration
 Modern administration used to take added responsibilities when it came to
upraise the condition of the citizens such as looking after their employment,
health, education, regulating trade, etc.
 Therefore, the complexity in modern administration and expansion of states’
function to the social sphere and economic have allowed the formation of a
new form of legislation and to give wide powers to various authorities on
various occasions.
 It is important that an administration should give an excess of power to
activate socio-economic policies. In a country like Bangladesh where control
over private trade, business or property may be required to be imposed, it is
necessary that the administration should hand over the excess amount of
power to implement such policy.
4. Kinds of Delegated Legislation
Administrative rule-making or delegated legislation in India is commonly expressed
by the term 'statutory rules and orders. Parliament follows no policy in choosing the
forms of delegated legislation, and there is a wide range of varieties and
nomenclature. The Delegated legislation can be classified under various classes
depending on the purpose to be achieved:
1. Title-based classification: An Act may empower an authority to make regulations,
rules, or byelaws, to make orders, or to give directions. There is scarcely a limit to the
varieties of legislative provisions which may exist under different names.
2. Discretion-based classification (Conditional Legislation): Another classification of
administrative rulemaking may be based on discretion vested in rule-making
authority. Since 'discretion' administrative rulemaking may be classified into
subordinate and contingent or conditional legislation.
3. Purpose-based classification: Another classification of administrative rulemaking
would involve the consideration of delegated legislation in accordance with the
different purposes which it is made to serve. On this basis, the classification may be
an Enabling Act, Alteration Act, Taxing Act, Supplementary Act, Classifying and Fixing
Standard Act, Penalty for Violation Act, etc.
4. Authority-based classification (Sub-Delegation): Another classification of
administrative rulemaking is based on the position of the authority making the rules.
Sometimes the rule-making authority delegates to itself or to some other
subordinate authority a further power to issue rules; such exercise of rule-making
power is known as sub-delegated legislation. Rule-making authority cannot delegate
its power unless the power of delegation is contained in the enabling Act.
 5. Nature-based classification (Exceptional Delegation): Classification of
administrative rulemaking may also be based on the nature and extent of delegation.
The committee on Ministers Powers distinguished two types of parliamentary
delegation:
a) Normal Delegation:
(i) Positive: Where the limits of the delegation are clearly defined in the enabling Act.
(ii) Negative: Where the power delegated does not include the power to do certain
things.
b) Exceptional Delegation: Instances of exceptional delegation may be:
(i) Power to legislate on matters of principle.
(ii) Power to amend Acts of Parliament.
(iii) Power conferring such a wide discretion that it is almost impossible to know the
limits.
(iv) Power to make rules without being challenged in a court of law.
Such exceptional delegation is also known as the Henry VIII clause to indicate
executive autocracy.
5. Control Mechanisms
There are three kinds of Control given under Delegated Legislation:
i. Parliamentary or Legislative Control
 Under parliamentary democracy it is a function of the legislature to
legislate, and it’s not only the right but the duty of the legislature to look
upon its agent, how they are working.
 Due to a delegation of power and general standards of control, the
judicial control has diminished and shrunk its area.
 In India “Parliamentary control” is an inherent constitutional function
because the executive is responsible to the legislature at two stages of
control.
 Initial stage
 Direct and Indirect stage
 In the Initial stage, it is to decide how much power is required
to be delegated for completing the task, and it also observed
that delegation of power is valid or not.
 Now, the second stage consists of two different parts.
a. Direct control
 Laying is an important and essential aspect under direct
control, and it is laid down as per the requirement
which means that after making the rule it should be
placed before the Parliament. It includes three
 important parts as per the degree of control needs to
be exercised.
1. Simple Laying
2. Negative Laying
3. Affirmative Laying
 Test of Mandatory” & “Test of Directory” are two main
tests.
 Test of Mandatory – Where the laying demand is a
condition pattern to guide the rule into impact then in
such a case laying need is mandatory. Where the
provision is mentioned that the rules should be drafted
in a particular format then it becomes mandatory to
follow the format.
 Test of Directory – Where the laying need is next to
enforce the rule into operation then it will be directory
in nature.
b. Indirect Control
 This is a control exercised by Parliament and its
committees. Another name for such type of committee
is Subordinate legislation. The main work of the
committee is to examine:
a) Whether rule is according to general object of
the act.
b) It bars the jurisdiction of the court in direct or
indirect ways.
c) Whether it has retrospective effect or not.
d) Whether it safeguard or destroy the Principle of
Natural Justice.
e) Expenditure involved in it is from Consolidated
fund.

ii. Judicial Control

 Judicial review upgraded the rule of law.
 The court must see that the power delegated is within the ambit of the
constitution as prescribed.
 Judicial review is more effective because court do not recommend but it clearly
strikes down the rule which is ultra vires in nature.
 As per Section 13(3)(a) “Law” is defined under the Constitution of India which
clearly indicate that State should not make any law which abridge the right given
in Part iii of the Constitution. It is dependent on two basic grounds:
a. It is ultra vires to the Constitution of India, and
b. It is ultra vires to the enabling Act.
 iii. Executive or Administrative Control
 There is no procedure for it until the legislature makes it mandatory for the executive
to follow certain rules or procedure.
 To follow a particular format, it may take a long time which will defeat the actual
objective of the act.
 Hence, procedural control means that under Parent act certain guidelines are given
which need to be followed while whether it is mandatory or directory to follow it or
not. It includes three components:
i. Pre-publication and consultation with an expert authority.
ii. Publication of delegated legislation.
iii. Laying of rules.
 It can be either Mandatory or Directory, to know, certain specified parameters are
given:
i. Scheme of the Act.
ii. Intention of Legislature.
iii. Language used for drafting purpose.
iv. Inconvenience caused to the public at large scale.
And these four parameters were given in the case Raza Buland Sugar Co. vs. Rampur
Municipal Council.
6. Sub- Delegation
o When a statute confers legislative powers on an administrative authority and that
authority further delegates those powers to another subordinate authority or
agency, it is called sub-delegation.
o This process of sub-delegation may go through one stage to another stage. If the
enabling Act is called the ‘Parent’ then the delegated and the sub-delegated act is
called the Children.
o The legal maxim ‘Delegatus Non-Potest Delegare’ does not lay down a rule of law. It
merely states a rule of construction of a statute.
o Sub-delegation of legislative power is impermissible, yet it can be permitted either
when such power is expressly conferred under the statute or can be inferred by
necessary implication.
o The maxim is a principle in the constitutional and administrative law which means
that a person to whom an authority or decision-making power has been delegated to
from a higher source, cannot, in turn, delegate again to another unless the original
delegation explicitly authorized it.
A.K. Roy and anr. v. State of Punjab
o It is the first case in India which established the principle that a delegated
authority cannot again be delegated as laid down by the maxim delegatus non
potest delegare.
o In this case the validity of sub- delegation of power under the Prevention of Food
Adulteration Act, 1954 was questioned. Section 24(2)(e) of the Act enables the
 State Government to frame a rule for delegation of powers and functions under
the Act, but it clearly does not envisage any sub-delegation.
o Thus, the principle laid down by the maxim is a general rule, but legislature can
or the authority making such law can provide for an exception by expressly
allowing sub-delegation of powers.
Central Talkies v. Dwarka Prasad
o Under the U.P. Control of Rent and Eviction Act, 1947, it was provided that no suit
shall be filed for the eviction of a tenant without the permission of either a
District Magistrate or any Officer authorised by him to perform any of his
functions under the Act.
o The Additional Magistrate to whom the powers were delegated made an order
granting permission.
Allingham v. Minister of Agriculture
o Under the Defence Regulations, 1939, the Committee was authorised by the
Minister of Agriculture “to give such directions with respect to the cultivation,
management or use of land for agricultural purposes as he thinks necessary.”
o The committee sub-delegated its power to its Subordinate Officer, who issued a
direction, which was challenged. Holding the direction ultra vires, the Court ruled
that the sub-delegation of power by the committee was not permissible.
Ultra Tech Cement Limited vs. The Union of India and Ors.
o The Kerala High Court held that “Sub-delegation implies a further delegation of the
same power, which was originally delegated by the legislature. The governing
principle is that legislative powers must be exercised by the delegatee himself and
by none else.
o Thus, if a law confers power on the Central Government to make rules, it cannot
further delegate that power to any other officer, unless the parent law itself gives
authority to the Government to that effect.”

PRINCIPLES OF NATURAL JUSTICE

1. Rule Against Bias
o The term Bias means “Whether a judge has pre-determined the issue or has pre-
conceived the issue”. It is the pre-determination of the issue that makes the
judgment bias.
o Bias means an operative prejudice, whether conscious or unconscious, in relation
to party or issue.
o It is usually stated that “Bias disqualified an individual from acting as a Judge”.
This proposition floats from two important principles as given below:
a. Nemojudex in causa sua
 It means that judge should not be motivated either by pecuniary interest or
by personal interest. And while deciding the case he should act impartially
which would lead to justice in true sense.

b. Justice must not only done but seen to be done

It means that if the justice is done perfectly on merit of case, then it must
inspire the confidence of public. The foundation of justice must not only be
pure, but it must inspire the public confidence and creditability.
o A judge should not hear matter in which she is personally interested. The interest
may be either pecuniary or personal. The purpose behind this principle is that
public confidence in the impartiality of a judicial body must never weaken
because that is its real strength.
o The concept of Bias can be sub-divided under the following head:

a. Pecuniary Bias
o Any financial interest howsoever small it may be is bound to vitiate the
administrative action. The judicial opinion is unanimous as to it.
o In N.B. Jeejeebhoy v. Collector of Thana, Gajendragadkar CJ reconstituted the
Bench on objection being taken on behalf of the interveners in the court on
the ground that the Chief Justice, who was a member of the Bench, was also
a member of the cooperative society for which disputed land had been
acquired.
o In J. Mohapatra & Co. v. State of Odisha, some of the members of the
Committee set up for selecting books for educational institutions were
themselves authors whose books were to be considered for selection. It was
held by the SC that the possibility of bias could not be ruled out.

b. Personal Bias
o A number of circumstances may give rise to personal bias. Here a judge may
be a relative, friend or business associate of a party. He may have a personal
grudge, enmity or grievance or professional rivalry against such party.
o In view of these factors there is every likelihood that the judge may be biased
towards one party or prejudiced towards the other.
o In the State of U.P. v. Mohd. Nooha, departmental enquiry was held against A
by B. as one of the witnesses against A turned hostile, B left the enquiry, gave
evidence against A, resumed to complete the enquiry, and passed an order of
dismissal. The S. C. held that the rules of Natural Justice were completely
discarded, and all canons of fair play were grievously violated by B.
o In case of A. K. Kraipak v. UOI, One A was a candidate for selection to the
Indian Foreign Service and was also a member of the Selection Board. A did
not sit on the Board when his own name was considered. The name of A was
recommended by the Board, and he was selected by the Public Service
 Commission. The candidates who were not selected filed a writ petition for
quashing the selection of A on the grounds that the principles of Natural
Justice were violated.
o In S. P. Kapoor v. State of H.P, the Supreme Court quashed the selection list
prepared by an officer who himself was a candidate for promotion.

c. Official or Departmental Bias

o When a person breaks the rules and having dispute with the administrative
officer, then the administrative officer would try to uphold the rules of
administration because these rules have been made by the same
administrative officer, which is called as Official or Departmental Biasness.
o In Gullapalli Nageswara Rao v. APSRTC (Gullapalli I), the petitioners were
carrying on the motor transport business. The Andhra State Transport
Undertaking published a scheme for nationalization of motor transport in the
State and invited objections. The objections filed by the petitioners were
received and heard by the Secretary and thereafter the scheme was approved
by the Chief minister.
- The S.C. upheld the contentions of petitioners that the official who heard
the objections was in substance one of the parties to the dispute and
hence the principles of N.J. were violated.
o In Gullapalli Nageswara Rao v. APSRTC (Gullapalli II), the S.C. qualified the
application of the doctrine of official bias. In this hearing was given by the
minister and not by Secretary. The Court held that proceedings were not
vitiated as the Minister was primarily responsible for the disposal of the
business pertaining to that department.
o In Krishna Bus Service(P) Ltd V. State of Haryana, the legality and validity of
notification issued by the State Govt. conferring the power of Dy.
Superintendent of Police on the G.M. Haryana Roadways was challenged by
private operators on the ground of interest and bias and the contentions
upheld and notification quashed.

d. Judicial Obstinacy
o The word Obstinacy implies unreasonable and unwavering persistence, and
the deciding officer would not take ‘no’ for an answer.
o This new category of bias was discovered in a situation where a judge of the
Calcutta High Court upheld his own judgment while sitting in appeal against
his own judgment. Of course, a direct violation of the rule that no judge can
sit in appeal against his own judgment is not possible, therefore, this rule can
only be violated indirectly.
o In A. U. Kureshi v. High Court of Gujarat, one of the judges of the High Court
considered the so-called misconduct of a member of subordinate judiciary on
administrative side (disciplinary committee). He then decided on the petition
 filed by the delinquent officer on the judicial side. It was held that there was
reasonable apprehension of bias.
o In State of W. B. v. Shivanand Pathak, a writ of mandamus was sought by the
petitioner directing the Government to promote him. A single judge allowed
the petition ordering the authorities to promote the petitioner ‘forthwith’.
But the order was set aside by the Division Bench.
- After two years, a fresh petition was filed for payment of salary and other
benefits in the terms of the judgment of the single judge. It was dismissed
by the single judge.
- The order was challenged in appeal which was heard by a Division Bench
to which one member was a Judge who had allowed the earlier petition.
The appeal was allowed, and certain reliefs were granted. The state
approached the Supreme Court.
- Allowing the appeal and setting aside the order the Apex court described
the case of a new form of bias.
- It said that if judgment of a judge is set aside by the superior court, the
judge must submit to the judgment. He cannot rewrite overruled
judgment in the same or in collateral proceedings.

2. Audi Alteram Partem

o This maxim means “hear the other side” or no man should be unheard, both the
parties have an opportunity of being heard.
o The essential elements of this maxim are as follow:
a. Notice
- Before any action is taken against the party who is affected. A notice must
be provided to them to present a cause against the proposed action and
pursue his application. If any order is passed without giving notice, then it
is against the principle of natural justice and is void ab initio which means
void from the beginning.
- It is a right of person to know about the facts before any action is taken
and without knowing the proper facts, a person cannot protect himself.
The right to notice means right to be known.
- If any of the thing is missing in the notice, then notice will be considered
invalid. Non issuance of notice does not affect the jurisdiction but affects
the rules of natural justice.
Punjab National Bank v. All India Bank Employees Federation

In this case the notice, which was given to the party contain certain charges, but
it was not mentioned anywhere that penalty was imposed on the charges. Hence,
the charges on which penalty was imposed was not served as a notice to the
parties concerned. The notice was not proper and thus, the penalty which was
imposed was invalid.

b. Hearing
 - The second most essential element of audi alteram partem is fair hearing.
If the order passed by the authority without hearing the party or without
giving him an opportunity of being heard, then it will be considered as an
invalid.
Fateh Singh v State of Rajasthan
- In this case, it was held that if a person gets a reasonable opportunity of
being heard or fair hearing it is an essential ingredient of the principal of
audi alteram partem.
- This condition is accompanied by the authority providing written or oral
hearing, which is discretion of the authority, unless the statute under
which action is taken by the authority provides otherwise. It is the duty of
authority to ensure that affected parties should get a chance of oral or
personal hearing or not.
c. Evidence
- Evidence is considered as a most important part which is brought before
the court when both the parties are present there and the judicial or
quasi-judicial authority will act upon the evidence which is produced
before the court.
Stafford v Minister of Health
In this case, it was held that no evidence should be received in the absence of
the other party and if any such evidence is recorded then it is the duty of
authority to make it available to the other party.
d. Cross examination
- The court should not require revealing the person concerned or material
to be taken against him, but an opportunity is provided them to deny the
evidence. The question arises that will witness will be cross examination.
Kanungo & Co. v Collector of Customs
- In this case, the business property of a person was investigated, and some
watches were seized by the police who was in power under the Sea
Customs Act. A person who gave the information was not allowed for
cross examination.
- The principle of natural justice was not violated, and the court held that
principle of natural justice does not allow the concerned person to cross
examine against the witness in the matter where goods are seized under
the Sea Custom Act.

e. Legal Representation
- The representation through a legal advisor in the authoritative arbitration
isn’t considered as an imperative piece of the reasonable hearing. In
specific circumstances if the privilege to legal representation is not
rejected and at that point it adds up to infringement of natural justice.
J.J Mody v State of Bombay
 In this case, it was held that refusal of legal representation amounts to the
violation of natural justice because the party was not able to understand the
rules of law effectively and they should get a chance of being heard once
again.
o The rule of audi alteram partem is held inapplicable not by method for a special case
to “reasonable play in real life”, but since nothing unjustifiable can be derived by not
managing a chance to present a case. Following are the exceptions:
a. Statutory exclusion
Natural justice is submitted by the Courts when the parent statutes under which
an action is made by the administration is quiet as to its application. Exclusion to
make reference to one side of hearing in the statutory arrangement does not
reject the hearing of the other party.
Maneka Gandhi versus Association of India
A rule could be bar natural justice either explicitly or by necessary
implication. However, such a rule might be tested under Article 14, so it
ought to be legitimate.
b. Legislative function
There are certain circumstances in which hearing might be prohibited. It is just
that the activity of the Administrative being referred to is authoritative and not
regulatory in character. Generally, an order which is of general nature is not
applied to one or more specified person and is regarded as legislative in nature.

c. Impractibility
The concept of natural justice is involved when it is practicable to do so but it is
not applied in the case where it is impracticable to apply the rule and in such a
situation it is excluded.

d. Academic Evolution
Where the nature of power is regulatory then no privilege of hearing can be
asserted.
Jawaharlal Nehru University v. B.S. Narwal
- In this case, a student at Jawaharlal Nehru University was expelled from
the class because his academic performance was not satisfactory, and it
was done without being given any pre-decisional hearing.
- The Supreme Court held that the idea of academic adjudication seems to
be negative. In this way, if skilled scholarly experts look at work crafted by
the student over some duration and declare his work unacceptable, the
principle of natural justice might be rejected.

e. Inter-Disciplinary Action
The words like suspension etc. which is inter-disciplinary action in such cases
there is no need of the rule of natural justice.
 S.A. Khan v. State of Haryana
In this case, Mr. Khan was at the post of deputy inspector general Haryana and
was IPS officer. He was suspended by the Haryana government because many
complaints were made against him. He filed a suit in the Supreme Court that he
does not get an opportunity of being heard. The Supreme Court held that
suspension was because of interdisciplinary approach and there is no
requirement of hearing once.

3. Reasoned Decision
o The third principle of natural justice which has developed in course of time is that the
order which is passed affecting the rights of an individual must be a speaking order.
o This is necessary with a view to exclude the possibility of arbitrariness in the action.
o A bald order requiring no reason to support it may be passed in an arbitrary and
irresponsible manner. It is a step-in furtherance of achieving the end where society is
governed by rule of law.
o A speaking order contains the rationale in its support. The order essentially speaks
for itself and explains the background for the decision. The three main features of a
reasoned decision are:
- It should contain the reasons in support of the decision.
- There is no specific format to be followed as long as details are clearly laid
out.
- They are applicable to decisions in all areas of law.
o It is true that administrative authorities are not required to pass detailed orders as
passed by the courts of law, but they must at least show that the mind was applied
and for the reasons how so ever briefly, they may be stated, the order by which a
party aggrieved is passed.
o It has also been held in some of the decisions that the appellate authority while
reversing the order must assign reasons for reversal of the findings.

ADMINISTRATIVE DISCRETION
1. Meaning of Discretion
o Discretion means an ability to make informed choices. It is an inherent quality to
discern right from wrong and arrive at decisions based on reason and not according
to personal whims and fancies.
o Administrative discretion implies the authority vested in the executive i.e., the public
officials to undertake administrative action based on their judgment.
o It can include the power to act or not to act. It encapsulates various administrative
activities like regulation of private enterprise, production, manufacture, and
distribution of essential commodities etc for securing social security of the people.

2. Doctrine of Legitimate Expectation

o It pertains to the relationship between an individual and a public authority.
According to this doctrine, the public authority can be made accountable in lieu of a
‘legitimate expectation’.
o A person may have a reasonable or legitimate expectation of being treated in a
certain way by the administrative authorities owing to some consistent practice in
the past or an express promise made by the concerned authority.
o A legitimate expectation is:
a. It must be founded upon a promise or practice by the public authority that is said
to be bound to fulfil the expectation.
b. Clear statutory words override any expectation howsoever founded.
c. The notification of a relevant change of policy destroys any expectation founded
upon the earlier policy.
d. The individual seeking protection of the expectation must themselves deal fairly
with the public authority.
o The Doctrine of Legitimate Expectation was first discussed in the Indian arena in the
case of State of Kerala v. K.G. Madhavan Pillai.
- Herein, a sanction was issued for the respondents to open a new aided
school and to upgrade the existing schools. However, an Order was issued
15 days later to keep the previous sanction abeyance.
- The respondents challenged this Order in lieu of violation of principles of
natural justice.
- The Supreme Court ruled that the sanction had entitled the respondents
to legitimate expectations and that the second order violated the
principles of natural justice.
o The Supreme Court elaborated on the nature of the doctrine of legitimate
expectations in Food Corporation of India v. Kamdhenu Cattle Feed Industries that
the duty to act fairly on part of public authorities, entitles every citizen to have
legitimate expectation to be treated in a fair manner and it is imperative to give due
importance to such an expectation in order to satisfy the requirement of non-
arbitrariness in state action or otherwise it may amount to abuse of power.
- The Court further made a remarkable point that such a reasonable or
legitimate expectation may not be a directly enforceable legal right but
failure in taking it into account may deem a decision arbitrary.
o Circumstances which may lead to the formation of legitimate expectations were
postulated in Madras City Wine Merchants v. State of Tamil Nadu, namely:
a. If there was some explicit promise or representation made by the administrative
body.
b. That such a promise was clear and unambiguous.
c. The existence of a consistent practice in the past which the person can
reasonably expect to operate in the same way.
o The doctrine’s use has essentially been embedded into Article 14 of the Constitution
and thus ‘non-arbitrariness and unreasonableness’ have been made the necessary
 qualifiers for assessing as to whether there was a denial of legitimate expectation or
not.
o The SC in Secretary, State of Karnataka v. Umadevi, referred to the circumstances in
which the doctrine of legitimate expectation can be invoked: “The doctrine can be
invoked if the decisions of the administrative authority affect the person by depriving
him of some benefit or advantage which either:
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 have 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.”
o In National Building Constructions Corporation v. S Raghunathan, it was held that
legitimate expectation is a source of both, procedural and substantive rights. The
person seeking to invoke the doctrine must be aggrieved and must have altered his
position.
- The doctrine of legitimate expectation assures fair play in administrative
action and can always be enforced as a substantive right. Whether or not
an expectation is legitimate is a question of fact.

3. Doctrine of Public Accountability

o In India, public accountability is a product of its federal structure, consisting of a two-
way process:
a. Upward accountability: Control of the government, such as the jurisdiction to
dissolve, approve and audit fiscal plans of administrative authorities.
b. Downward accountability: This is a weaker authority, as it rests with the public
only through the power of the electoral process.
o Public Accountability in India suffers from practical application. Good laws, for
instance The RTI Act (2005), have been passed, but enforcement and monitoring is
overlooked.
o In the case of Attorney General of India v Amritlal Prajivandas, the validity of the
SAFEMA Act (1976) which mandated release of properties that were received as
incentives for smuggling or some other malafide activity.
o The Doctrine was further elaborated upon in case of DDA v Skipper Construction
Corporation. In this case, the general public was prioritised and said to be defrauded
even if there existed a fiduciary relationship or not or there was involvement of a
public officer or not.
o Nilabati Behera v State of Orissa, courts now award compensation and exemplary
costs are imposed on fundamental rights violation because of power abuse by a
public officer. In this case, it was held that recognition of such a claim exists under
public law. Human rights of the aggrieved were recommended to be given
 constitutional protection through public law review under Article 226 and Article 32
of The Constitution of India. There is also evidence of Judicial Activism in this
doctrine as courts recognize the proper accountability of authorities that do not
discharge their statutory duty efficiently.
o In its 14th report, the Law Commission had emphasised the disturbing amount of
administrative action in India that can go unchecked as it uses its discretionary
powers without public accountability.
o The most important body that enforces public accountability is the Central Bureau of
Investigation (CBI).
o A noble legislation introduced for the benefit of transparency in public administration
is the Prevention of Corruption Act (1988). In the PV Narsimha Rao v State (CBI/SPE)
(JMM Bribery Case) (1998), the court held that public servants’ ambit of the PCA will
cover Members of Parliament and Members of Legislative Assemblies. Immunity
must not be granted to these persons under Article 105 of The Constitution of India.
o The RTI Act has its basis on the principle of ‘Maximum Disclosure’ and ‘Minimum
Exceptions’, i.e., revealing almost all information and making an exception in cases
where the information is absolutely necessary to be kept confidential.

4. Doctrine of Proportionality
o