Locus Standi
/ˈloʊkəs ˈstændi/
Latin Legal Principle
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Definition
Latin for 'place of standing.' The right or capacity of a party to bring or appear in legal proceedings. Traditionally, only the aggrieved party had locus standi. In India, public interest litigation (PIL) dramatically expanded locus standi so that any public-spirited citizen can approach the Supreme Court or High Court for enforcement of public rights or duties — even on behalf of those too poor or disadvantaged to approach the courts themselves.
Examples
Case Study
In S.P. Gupta v. Union of India (1981) — the First Judges Case — Justice Bhagwati dramatically liberalised locus standi, holding that in cases involving public interest, even a 'stranger to the cause' can approach the Court as a representative of public interest. This laid the groundwork for PIL. Subsequently in Hussainara Khatoon v. Home Secretary, Bihar (1980), a habeas corpus petition filed by a journalist on behalf of undertrial prisoners led to the release of thousands held beyond their maximum sentence period.
Key Cases
S.P. Gupta v. Union of India (First Judges Case)
1981AIR 1982 SC 149
Opened the floodgates of PIL by liberalising locus standi. Anyone acting bona fide in public interest can approach the Supreme Court under Article 32 without being personally aggrieved. Transformed Indian constitutional litigation.
View on Indian Kanoon →Hussainara Khatoon v. Home Secretary, State of Bihar
1979AIR 1979 SC 1360
First successful PIL in Indian history. A newspaper article about undertrial prisoners led to their release. Established the right to speedy trial under Article 21.
View on Indian Kanoon →