ARTICLE

Gracy Singh

6th Dec 2023

Privileges And Immunities of Government In Legal Proceeding Under Administrative Law

1.Introduction

Immunity from Estoppel:

The sanctity of promises in our society lies in the societal and moral conventions that allow a promissory to be treated as bound to his promise. This moral convention is usually reflected in law by the enforcement of promises that are given in return of other promises or consideration, compelling the promissory to perform his end of the promise or pay expectation damages. In order to maintain this, there are yet more moral rules which govern promises, statements and agreements. These are embodied in the concept of estoppel which may be invoked in case of a breach in contract or against the government. The expression Estoppel is derived from the French word Estoup which means, Shut the mouth.

When a person tells us something, we generally hear him, if he says something different or contradicting, we would not hear any more and contradict such statement. Otherwise, we shall comply with it. Eg. A, intentionally and falsely tells B that, he is the owner of certain land and induces him (B) to purchase and pay for it. Later, A happens to become the owner of the said land. Then A cannot set aside the sale on the ground that he did not have title at the time of the contract for sale. In other words, A cannot estop it for execution of the contract for sale. When a person by declaration (act or omission) makes/induces another to believe a thing, he cannot deny its truth subsequently.

The other person cannot be estopped from proceeding upon such declaration. Estoppel is a rule of evidence, by which a person is not allowed to plead the contrary of a fact or state of things, which he has formally asserted as existing. Section 115 of the Evidence Act(1) embodies the principle of Estoppel. It runs as follows. When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief; neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing. (1)

2.Basis, object and underlying principle:

The principle of estoppel is based on the principle of equity and good conscience. The object of the principle of estoppel is to prevent fraud and to manifest good faith amongst the parties. This principle is enshrined in the maxim AllgansContrania Non Est Audiendus. It means, a man alleging contradictory facts ought not to be heard.

2.1 Immunity from Estoppel

The administrative authority is vested with large discretionary powers. As a result the Government may make some prior pronouncement of its policies or it may give some advice or promise to an individual. The question here is whether the Government is bound by those pronouncements or promises.

3.1 Immunities from the operation of the statute:

In England the rule is that its own laws do not bind the Crown unless by express provision or by necessary implication they are made binding on it. Thus, in England the statutes are not binding on the crown unless by express provision or by necessary implication, they are made binding thereon. Its basis is the maxim the King can do no wrong. This rule was followed even in India till 1967.

In India the present position is that the statute binds the State or Government unless expressly or by necessary implication it has exempted or excluded from its operation. In case the State has been exempted from the operation of the Statute expressly, there is no difficulty in ascertaining whether the statute is binding on the State is exempted from the operation of the statute by necessary implication. However, where the statute provides for criminal prosecution involving imprisonment, the statute is deemed to be excluded from the operation of the statute necessary implication.

3.2 Privileges under the Evidence Act (Privileges to withhold documents):

In England the Crown enjoys the privilege to withhold from producing a document before the Court in case the disclosure thereof is likely to jeopardize the public interest.

In India Section 123 provides that no one shall be permitted to give any evidence derived from unpublished official records relating to any affair of State except with permission of the officer at the Head thinks fit. Only those records relating to the affairs of the State are privileged, the disclosure of which would cause injury to the public interest. To claim this immunity the document must relate to affairs of state and disclosure thereof must be against interest of the State or public service and interest.

For the application of Section 124 the communication is required to have made a public officer in official confidence and the public officer must consider that the disclosure of the communication will cause injury to the public interest.

According to Section 162 a witness summoned to provide a document shall, if it is in his possession or power, bring it to the Court, not with outstanding any objective which there may be to its production or to its admissibility. (2)

4.Conclusion
The doctrine of promissory estoppel is a doctrine of equitable adjustment. It is in place to ensure that no party to an agreement suffers any detriment while attempting to perform the act that would serve as consideration for a unilateral promise by another party. However, this doctrine can only be applied when certain conditions are fulfilled:

If the above three conditions are fulfilled, then the doctrine of promissory estoppel is applicable. The doctrine of promissory estoppel is necessary to place checks on the arbitrary powers of the State and this doctrine is one that would certainly serve that purpose by protecting the freedom to contract of citizens. In recent times, there is emphasis on government promises, especially in the realm of contract law and business transactions. It follows that an ordinary citizen who invests his assets based on the governments promise only to find that the government does not abide by its promise must be afforded protection.

5.Citation

1.Mohd Aqib Aslam , Privilege and Immunities Of Government in Legal Proceedings Under Administrative Law available at: https://www.legalserviceindia.com/legal/article-1787-privileges-and-immunities-of-government-in-legal-proceeding-under-administrative-law.html (last visited on 14th Dec 2023)

2. Ravija Tripathi , Administrative Law topic, power, privileges and immunities available at:https://www.studocu.com/in/document/vivekananda-institute-of-professional-studies/criminal-law/administrative-law-topic-power-privilages-and-immunities/15741321 (last visited on 14th Dec 2023)