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The doctrine of legitimate expectation does not prevent the State from changing policies in public interest, but requires fair procedure (notice, hearing) and, in some cases, compensation for reliance loss when resiling from promises.
- True
- False
Answer: True
Legitimate expectation and policy changes: (a) Core principle: State can change policies in public interest; legitimate expectation doesn't freeze policy, but governs how changes implemented, (b) Procedural safeguards when resiling from promise: (i) Notice: Inform affected parties of proposed change, (ii) Hearing: Opportunity to represent against change, (iii) Reasoned decision: Explain why change necessary, how reliance loss addressed, (c) Substantive protection: In rare cases, if reliance loss severe and public interest not compelling, court may: (i) Restrain policy change, (ii) Award compensation for reliance loss, (d) Applications: (i) Tax concessions: Withdrawal requires notice, hearing, transitional arrangements, (ii) Land allotments: Rescinding allotment requires fair procedure, compensation if reliance loss, (iii) Service conditions: Changing rules affecting employees requires consultation, reasonable transition, (e) Balance: Enables policy flexibility for public interest while protecting citizen trust through fair procedure. Illustrates administrative law nuance: fairness in policy change, not policy rigidity.