CONCEPT OF LOCUS STANDI BY SANDIPAN KAR (B.A.LLB(H))

 

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      What do you mean by the Doctrine of Locus Standi?

The doctrine of locus standi had a great influence in the field of law for the purpose of securing justice. The rule denotes as the right of the party to appear and to be heard before any court including tribunal or other quasi-judicial bodies or having the legal capacity of to invoke the jurisdiction of the Court. Thus, before considering any case of being heard  before any court of law, the respective court may check before hearing the case that weather the person has locus standi to be heard or not.

·        Person to whom the Locus standi is available?

Generally in the traditional view the person to whom the doctrine of locus standi are applicable are:-

a)     The person who is aggrieved by an order and has the right to seek relief by questioning the legality, correctness and validity of the order.

b)    The person who have suffered legal injury by the reason of violation of his legal rights.

c)     The person who have direct or indirect personal interest in the matter.

 

·       When the rule of the Locus standi available to third person?

a)     The rules of the Locus standi are available to a third person on behalf of another while dealing the matter related to Public Interest Litigation.

b)    The person whose legal right or constitutional right has been violated but due to the reason of poverty, social or economic backwardness unable to approach before the court of law for seeking relief.

c)     When there is any unlawful burden imposed under any constitutional or under any legal provisions of the law without having appropriate authority.

d)    When any illegal burden, legal wrong or legal injury is threatened.

e)     When the aggrieved party is the Minor, insane person, or any person with disability who has been recognised by law to permit another person to move the court on his behalf.

 

·       Why the rule of the Locus standi is applicable to third person?

Previously in the traditional view the rule of locus standi was not available to third person. But, considering that the poor economically backward people whose constitutional and legal right has been violated and by the reason of the poverty they cannot fetch justice before the court of law so on this circumstances the Supreme Court evolved the new rule that any member of the public, acting bonafied having sufficient public interest can maintain action for the redressal of the public wrongs or public injury in such circumstances such action can be brought by individuals, groups, voluntary, agencies etc..

 

·       Rule of Locus Standi in Writ jurisdiction

We know that under Article 32 for the Supreme court and under 226 for the High Court of every state have the power to issue writ in the nature of Habeas Corpus, Mandamas, prohibition, Quo warranto, Prohibation upon the infringed of the fundamental rights. So the above mentioned articles confers the right to move to the Supreme Court or High court  for the enforcement of the fundamental right and basically with this power the respective courts protects the violation of the human rights of the Poor and other needy people. So any member of the Public domain can maintain an application for direction in the above mentioned Articles to seek judicial redressal for such injury.

 

·       Landmark judgements on Locus Standi:-

a)    S.P Gupta vs. Union Of India: - In this case the traditional point of view of the Rule of Locus Standi has been changed. It has been held by the Hon’ble court that if there is any public wrong or public injury which is caused by any act or omission by the state or public authority which is contrary to the constitutional provision any member of public bonafied and sufficient interest can maintain for redressal.

b)    People’s union for the Democratic Right vs. Union of India: - In this case it has been held by the Hon’ble Supreme Court that locus standi can be considered on the ground of poverty, illiteracy etc. writ petition can be filed.

c)     Bandhua Mukti morcha vs. Union of India:- In this case from the merit of case it has been concluded that through the Article 32 doesn’t indicate who can move to the Court in absence of such clear indication it has been held by the Hon’ble Supreme Court the Locus Standi available to any person in whom the law recognise a standing to maintain an action of such nature.

·       Conclusion: -  Locus standi is the legal capacity to approach the court. But, such doesn’t give anybody the right to approach the Court for the Sake of PIL and the same right cannot be invoked or waive by any means. But, before considering the right of Locus standi the court should satisfied the carriage of proceeding is in the competent hands of a person who genuinely concerned in Public interest and is not moved by other Extraneously consideration.