Table of Contents
Introduction : What is Locus Standi ?
Locus Standi means on what grounds can a person file a case. In earlier, a person who did not have locus standi then he or she could not file a case on behalf of aggrieved person on his own. After the concept of Public Interest Litigation (PIL) started, it was waived and any citizen could file a PIL and bring to court’s notice, violation of rights of people.
Term of It :
Locus Standi, also known as Legal Standing. Some other important terms or names of Locus Standi are Right of Appearance, standing etc. The term Legal Standing emphasizing the legal nature of the right to use. The another term Right of Appearance emphasizes thr right to be present and heard in a respected court of law. The last term Standing which is referring to the legal right to use.
Why it is Use :
Locus Standi refers to the right of a person to appear before a respected court. it also refers to seek judicial relief. It is determines whether the particular any one person bringing a case is perfect or sufficient by the matter or case at hand and has a direct interest in the disagreement. This principle ensures that respected courts are approached only by those who have a actual spike in the issue and preventing irrelevant or unnecessary litigation.
Traditionally, courts are followed some strict rules or interpretation regarding Locus Standi. Only those whose personal or legal rights were directly violated could approached the court. This narrow minded view aimed to maintain judicial efficiency, it also avoid entertaining the cases by individuals. For the overcome this limitation, modern legal systems have expanded the concept. It has possible through Public Interest Litigation (PIL). The full process or concept developed properly countries like India and United States of America.
Despite this liberalization, courts still maintain some important limits or boundaries. The reason behind it is prevent misuse. Petitioners must demonstrate a real, authentic public interest and not personal benefits or political motives. The Respected courts carefully study the intention behind the litigation to avoid unnecessary interference in excutive functions. The Locus Standi plays a important role in maintaining the balance between allowing access to justice and preventing abuse of judicial process.
Indian Law :
The Indian Law system consists of many important terms such as civil law, common law, customary law, religious law, corporate law etc. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidlines on particular field for example : Human Rights Law and Environmental Law. Personal law is fairly complex with each religion adhering to its own specific laws.
Effects of Locus Standi in India :
Locus Standi refers to the legal rights of a individual or a person to bring an action before a court. This Locus Standi’s effects had significantly impact in India’s justice system. Traditionally, only individuals whose rights were directly violated could approach the court. The Rise of the Public Interest Litigation (PIL) in the late 1970s. It is the strict interpretation of Locus Standi relaxed, allowing socially concious citizens or people, NGO and other different background’s activists to file pretitions on behalf of the disadvantaged. For these reasons, the scope of indian judicial review expaanded, enabling courts to address issues related to environmental protection which is most important for us. Some other topics are fundamental rights, corruption and social justice. This Locus Standi helped to expose Governmnet inactive or inaction, strengthened accountability and empowered the poor by giving them a strong voice in constitutional matters. It also enccouraged indian judicial intervention in matters affecting public welfare and create a new world.