Published on – 25 September 2022 at 17:12 IST
Court – Supreme Court of India
Citation – Official Liquidator v. Dayanand (2008) 10 SCC 1
Hon’ble Supreme Court of India has held that “Due Process of Law” plays a major role in the Administrative Law. It ensures fairness in public administration which is entrusted with the task of deciding of adjudicating upon the rights of the individuals as per the provisions, rules and procedure of the law.
Para – 102
The concept of “due process of law” has played a major role in the development of administrative law. It ensures fairness in public administration. The administrative authorities who are entrusted with the task of deciding lis between the parties or adjudicating upon the rights of the individuals are duty-bound to comply with the rules of natural justice, which are multifaceted. The absence of bias in the decision-making process and compliance with audi alteram partem are two of these facets.
The doctrine of legitimate expectation is a nascent addition to the rules of natural justice. It goes beyond statutory rights by serving as another device for rendering justice. At the root of the principle of legitimate expectation is the constitutional principle of rule of law, which requires regularity, predictability and certainty in Government’s dealings with the public—J. Raz, The Authority of Law [(1979) Chapter 11].
The “legal certainty” is also a basic principle of European community. European law is based upon the concept of vertrauensschutz (the honouring of a trust or confidence). It is for these reasons that the existence of a legitimate expectation may even in the absence of a right of private law, justify its recognition in public law.
Drafred by – Abhijit Mishra