Delhi HC holds CM’s assurance in press conference as enforceable promise

The Delhi High Court, while hearing daily wage labourers plea, notably held that a promise or assurance given by the Chief Minister in a press conference would be considered as an enforceable promise, and Chief Minister ought to give effect to such a promise.

In the instant case, NAJMA v GNCTD, the daily wage workers, who were unable to pay their monthly rent, filed a writ petition and sought for enforcement of a promise made by Delhi CM Arvind Kejriwal during a press conference which took place last year in the month of March.

In the press conference had been organized in the wake of COVID-19 pandemic wherein the CM urged all the landlords to postpone the demand of rent from those who were poor and poverty stricken.

The counsel on behalf of petitioners averred that the government assured that it would take care of the tenants. However, when several communications were sent to the government, none were addressed. The petitioners submitted that the government did not honor the promise made by its CM.

The court observed that the any representation or promise given by the CM ought to be considered for implementation by the government. The court further highlighted that essentials of good governance include accountability and keeping upto promises.

Moreover, the court stated that the CM is expected to exercise his authority to give effect to his promise. The court added that a reasonable citizen ought to believe that the statements made by the CM are made on behalf of the government, which it elected to power.

The court reiterated that the doctrines of promissory estoppel and legitimate expectation have their grassroots in the concept of trust between government and citizen. The court explained that good governance demands maintenance of this trust between those who govern and those who are governed.

The court directed GNCTD to take decision w.r.t. the promises made by CM in the press conference; frame a clear policy in this regard; and take action bearing in mind the larger interest to whom the benefit had to be extended earlier.