Supreme Court Reinforces the 'Doctrine of Legitimate Expectation' in Public Procurement
GS2
The Supreme Court ruled that the State must respect the 'legitimate expectations' of stakeholders in public procurement, ensuring that policy changes are not arbitrary. This judgment emphasizes that fairness and socio-political justice must override administrative whims unless a clear public interest is served.
The Supreme Court of India recently provided a significant clarification on the 'Doctrine of Legitimate Expectation' within the context of public procurement and state contracts. The Court held that while the State has the sovereign right to change its policies, such changes must not be arbitrary or sudden without a reasonable basis. The doctrine acts as a check on the administrative power of the State, ensuring that it acts fairly toward individuals and entities who have relied on previous representations or established practices.
The Doctrine of Legitimate Expectation is a central principle of administrative law. It suggests that a person may have a reasonable expectation of being treated in a certain way by administrative authorities, even if they do not have a strictly defined legal right. In the realm of government tenders, if the State modifies eligibility criteria or procurement rules mid-process without a compelling public interest, it violates the principle of fairness. The Court emphasized that such arbitrary shifts undermine the 'Rule of Law' and the socio-political justice guaranteed under the Constitution.
Continue reading — free with login
JeetoBharat publishes daily UPSC current affairs mapped to the Mains syllabus. Log in to read full articles.
Log in to read full articleNo credit card required. Free registered users get unlimited access.
This article was curated using AI. While we strive for accuracy, please verify critical facts from official sources.