Doctrine of promissory estoppel

[UPSC World]

• The Supreme Court recently dismissed petitions which sought directions to complete the recruitment processes initiated by the Indian Army and Air Force, which were discontinued after the ‘Agnipath’ scheme was announced.
• While dismissing the petitions, the Supreme Court bench also rejected the argument that the ‘doctrine of promissory estoppel’ would apply and said that the decision to not proceed with the previous recruitment processes could not be termed as arbitrary.
• It observed that promissory estoppel will not apply when a larger public interest is involved.

The doctrine of promissory estoppel

• The doctrine of promissory estoppel is an equitable doctrine evolved by equity to prevent injustice.
• The doctrine is a legal principle that prevents a person from going back on a promise made to another person, even if the promise is not supported by consideration.
• It is based upon principles of justice, fair play, and good conscience.
• The doctrine of promissory estoppel is not the same as a contract, and it does not create a contract between the parties.
• Rather, it is a principle that can be used to enforce a promise in certain circumstances.

How does the doctrine of promissory estoppel relate to the Agnipath case?

• In the present case, the petitioners’ argument invoking the doctrine essentially means that the government’s actions of putting up a shortlist would be a promise made by it.
• The candidates acted based on that promise and they refused other jobs in CRPF, BSF etc.
• Hence, they must be compensated for their loss.