Two-pronged constitutional test for substantive legitimate expectation.
The doctrine of substantive legitimate expectation can be invoked by individuals against public authorities only upon satisfying two indispensable conjunctive tests: first, the claimant must establish the objective legitimacy of the expectation founded upon a clear, unambiguous promise or consistent past practice; second, the claimant must demonstrate that the denial of such expectation is arbitrary, unfair, or amounts to an abuse of power, thereby infringing the equality mandate under Article 14 of the Constitution of India. Legitimate expectation is not an independent legal right or an autonomous ground for judicial review, but a doctrine tethered to the principles of good administration, predictability, and non-arbitrariness. A petitioner claiming relief under this doctrine must prove that the state departed from its past practice without justifiable public interest grounds, and that such departure resulted in hostile and unconstitutional discrimination violating fundamental rights. (State of Uttar Pradesh and Ors. Vs Bhawana Mishra | 2026 INSC 38).