What is the concept of locus standi?

In law, standing or locus standi is the term for the ability of a party to demonstrate to the court in sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.

What is the meaning of locus standi under Indian Constitution?

Locus Standi means the legal capacity to sue or approach courts. Therefore, Locus standi is the standing of a person in whom the right to legal action vests. Thus, according to the principle of locus standi, any aggrieved person can approach the courts for a remedy.

Which writs are locus standi?

The right of Locus Standi can be given to any member of the public acting bonafide and having sufficient interest in instituting an action for redressal of public wrong or public injury, but who is not mere busybody or a meddlesome interloper: Since the dominant object of Interest Litigation is to ensure all observance …

What is the use of Article 32 of our constitution?

Article 32 falls under Part III of the Indian Constitution which includes the Fundamental Rights of the Indian citizens. It allows all the Indian citizens to move to the country’s Apex Court in case of violation of Fundamental Rights.

Which Case relaxed the rule of locus standi?

One of the landmark cases in relaxation of the principle of locus standi is that of Hussanara Khatoon v. State of Bihar (1980 1 SCC 81), where a writ petition filed by an advocate was entertained by the court on the basis that public interest was involved in the matter.

Is PIL maintainable under Article 32?

Maintainability: After three-and-a-half decades of PIL, one basic legal point remains clear: because it is filed under Article 32 of the Constitution, a PIL is maintainable only if there is a violation of one or more of the fundamental rights guaranteed under Part III of the Constitution.

How do you prove locus standi?

The SCA considered the requirements for locus standi, being that the appellant must have an adequate interest in the subject matter of the litigation; the interest must not be too remote; the interest must be actual; and the interest must be current (not hypothetical), and concluded that the court a quo rightly found …

Why is Article 32 called the heart and soul of the constitution of India?

Article 32 of the Indian Constitution provides remedies to individuals whose fundamental rights have been violated. Thus, Article 32 is the protector of the rights of the citizens of India and is regarded as the ‘heart and soul of the constitution’.

What are the different kinds of writs which can be issued under Article 32?

There are five types of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition and all these writs are an effective method of enforcing the rights of the people and to compel the authorities to fulfil the duties which are bound to perform under the law.

Is Pil a writ?

PILs are extensions of Writ Jurisdiction. Therefore, PILs may be filed either before the Hon’ble Supreme Court of India under Article 32 of the Indian Constitution or any High Court under Article 226 of the Indian Constitution.