Oral promise made by minister not enforceable: SC

‘Do not go by the oral promise of a minister’ was the loud message given by the Supreme Court in its judgment that held that such promises did not have legal sanctity and could not be enforced in a court of law.

A minister or the government could not be bound by a mere oral promise, the SC ruled. It set aside a Gauhati high court order forcing the Arunachal Pradesh government to buy the promised 500 law books costing Rs 1.6 lakh.

The state law minister had told owners of Nezone Law House, Assam, that his government would buy 500 sets of ‘North Eastern Regional Local Acts and Rules’ for the use of judicial officers if they compiled and published it.

The minister, true to his promise, did initiate a departmental note for the purpose but it remained mired in the red tape and finally, no purchases could be made. Nezone Law House moved the Gauhati HC, which held that the state government, being bound by the minister’s promise, should purchase the promised number of books. The state appealed in the apex court.

Taking note of the state government’s argument that oral expression of desire to purchase books could not be given the legal shape of ‘promissory estoppel’, an apex court bench comprising Justices Arijit Pasayat and P Sathasivam said: “Where a promise is made which is not supported by any consideration, the promise cannot be an action on the basis of that promise.”

The bench also considered that there was a set procedure for purchase of books and agreed that the minister’s mere oral promise could not be construed as a placing of order for the publication.

“When the views of several departments were involved, the question of any oral view being expressed by a minister is really not relevant,” it said.

Scrutinising the issue when a person could be bound by his promise, Justice Pasayat, writing the judgment for the Bench, said a claim based solely on legitimate expectation without anything more by itself could not give rise to a right on the part of the person to whom the promise was made.

The bench concluded: “Legitimacy of an expectation can be inferred only if it is founded on the sanction of law.”

The Times of India 17th April 2008 P. 9 New Delhi
With thanks from The Time of India
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