Locus Standi - The right to bring an action or to be heard in a court.

Meaning

Locus Standi is a Latin term meaning:

“Place of standing” or “a right to stand before a court.”

Definition:
It refers to the legal right of a person or entity to bring an action in a court or to be heard in a judicial proceeding.

Only those who are directly affected by an issue or have a sufficient interest in the matter can file a case.

If a person has no legal interest, the court may dismiss the case for lack of locus standi.

Key Principles

Direct Interest:

The person filing the case must have a direct, tangible interest in the subject matter.

Sufficient Interest:

Courts may allow a person to approach if they have a sufficient stake, even if indirectly affected.

Public Interest Litigation (PIL):

In certain cases, courts relax the strict rules of locus standi for matters of public interest, e.g., environmental issues, corruption, human rights.

No Locus Standi:

If a person has no connection or interest in the case, they cannot seek judicial remedy.

Illustrative Case Laws

Marbury v. Madison (1803, U.S.)

Principle: The plaintiff must demonstrate injury or legal interest to approach the court.

Established the principle of standing in U.S. law.

S.P. Gupta v. Union of India (1981, India)

Facts: Concerned judicial appointments.

Decision: The Supreme Court relaxed locus standi in cases affecting public interest, leading to Public Interest Litigation (PIL).

A.P. Pollution Control Board v. Prof. M.V. Nayudu (1999, India)

Principle: Any person can approach the court for matters affecting environmental protection, even if indirectly affected.

Types of Locus Standi

Ordinary/Regular Locus Standi:

Person is directly affected by the issue.

Public Interest Locus Standi (PIL):

Person may not be directly affected but seeks justice for public good or societal interest.

Application

Civil Cases: Only parties affected can sue.

Criminal Cases: Generally, only the victim or state can file a complaint.

Constitutional/PIL Cases: Courts allow relaxation of locus standi to protect public interest.

Summary

Locus Standi ensures that courts are approached by genuine parties with a legal stake.

It prevents frivolous or vexatious litigation.

In India, PIL has expanded locus standi, allowing citizens to approach courts for matters of societal importance.

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