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This passage is from the Legal Reasoning section of CLAT. Read the passage carefully and answer the questions that follow.
Passage – Legal Reasoning Practice Set 1
The doctrine of legitimate expectation operates as a constraint on arbitrary administrative action by requiring public authorities to honor representations made to individuals when such representations have induced reliance, unless overriding public interest justifies departure. However, legitimate expectation does not create an enforceable right in the same sense as a statutory entitlement. Instead, it ensures fairness in decision-making by obligating authorities either to follow their declared policy or to provide rational justification for deviation.
Courts have clarified that legitimate expectation may arise not only from explicit promises but also from consistent past practices of an authority. Nevertheless, where a change in policy is necessitated by considerations of economic urgency, national security, or broader public welfare, courts have generally refrained from interfering, provided the decision-making process remains transparent and non-arbitrary.
At the same time, the doctrine cannot be invoked to prevent authorities from exercising statutory discretion, especially where enforcing such expectations would conflict with legislative intent. Thus, while the doctrine protects procedural fairness, it does not guarantee substantive outcomes favorable to individuals claiming such expectation.
Questions
Question 1
Which of the following best describes the primary function of the doctrine of legitimate expectation as discussed in the passage?
A. To guarantee individuals a substantive right against all administrative policy changes
B. To ensure fairness when public authorities depart from representations relied upon by individuals
C. To prevent authorities from exercising statutory discretion in policy matters
D. To invalidate all administrative decisions affecting individual interests
Question 2
According to the passage, legitimate expectation may arise from:
A. Only express statutory guarantees
B. Only judicial precedents recognizing individual claims
C. Explicit promises as well as consistent past practices of authorities
D. Legislative enactments alone
Question 3
A government department had consistently granted travel concessions to retired employees for decades. Due to fiscal crisis, it withdraws the concession after issuing a public explanation citing economic necessity. Based on the passage, the withdrawal is most likely:
A. Invalid because legitimate expectation always creates enforceable rights
B. Invalid because past practice cannot be changed under any circumstances
C. Valid if justified by economic urgency and taken through a transparent process
D. Automatically unconstitutional regardless of justification
Question 4
Which of the following situations would most clearly defeat a claim of legitimate expectation?
A. A policy change introduced without explanation
B. A departure from past practice affecting a limited group
C. A statutory provision requiring authorities to act differently from previous representations
D. A decision taken after consultation with affected individuals
Question 5
A licensing authority promises applicants that renewal will normally be granted after five years if compliance conditions are met. Later, despite compliance, the authority rejects renewal without explanation. Based on the passage, the decision is most likely invalid because:
A. Legitimate expectation guarantees renewal in all cases
B. Authorities cannot change policies once announced
C. The authority failed to justify departure from its representation
D. Licensing authorities lack statutory discretion
Question 6
Which statement best reflects the limitation of the doctrine of legitimate expectation?
A. It applies only to judicial decisions
B. It prevents authorities from ever changing policies
C. It protects procedural fairness but not guaranteed substantive outcomes
D. It applies exclusively in matters of national security
Question 7
If enforcing a legitimate expectation would contradict legislative intent, courts are most likely to:
A. Enforce the expectation regardless of statutory conflict
B. Ignore the doctrine entirely in administrative law
C. Refute the expectation because statutory discretion prevails
D. Automatically invalidate the legislation
Solutions with Explanations
Answer 1: B
The passage clearly states the doctrine ensures fairness in decision-making when authorities depart from representations relied upon by individuals.
Answer 2: C
The passage explicitly notes legitimate expectation may arise from explicit promises and consistent past practices.
Answer 3: C
Courts allow departure where justified by economic urgency, provided decision-making remains transparent and non-arbitrary.
Answer 4: C
Where enforcing expectation conflicts with legislative intent, the doctrine cannot override statutory discretion.
Answer 5: C
Authorities must either follow their representation or provide rational justification for deviation.
Answer 6: C
The doctrine protects procedural fairness, not guaranteed favorable substantive outcomes.
Answer 7: C
Statutory intent prevails over administrative representations where conflict exists.
