Locus Standi: Definition and Meaning

Locus Standi is one of the oldest doctrines which is mainly known as standing it is a legal term that refers to the individual right to bring a legal action against another or participate in the lawsuit

To have a Locus Standi the person must have an interest in the subject matter of the case and must be directly affected by the outcome of the case. so it simply means that when a person's interest is affected then only he or she can approach the court and must be able to demonstrate that their rights or interest are at risk of being violated.

In India, the doctrine of Locus Standi is mentioned under Order 7 Rule 11 of the Civil Procedure Code, 1908 according to this to institute any action by the plaintiff against the defendant, the plaintiff is required to prove his Locus Standi first, which is essential only then the trial will start. And, if the plaintiff fails to prove his Locus Standi, then the Court has the power to dismiss the whole case irrespective of its merit.

What is Locus Standi?

It is one of the most important concepts in the legal system as it helps to ensure that only those people who will be allowed to present a lawsuit before the court or to participate in the legal process for claiming his or her legal right who is having a legitimate interest in the subject matter of the case. This doctrine helps to prevent the frivolous or vexatious litigation and to ensure that the legal system of the country is used for its intended purpose of resolving the disputes and protecting the rights of an individual.

Therefore, it means a person's right to bring legal action against another or participate in a lawsuit. It mainly comprises of two words:

Illustration

A entered into a contract with B for the supply of sugarcane to B’s sugar manufacturing industry by the 10th of July and B will have to pay in advance for the supply of Sugarcane so, as per the said contract B gave an advance to A for the supply of the sugarcane but A failed to supply the Sugarcane on the said date and didn't inform anything about this to B because of this B suffered a huge loss in the market because of no supply of sugarcane he was not able to manufacture sugars and transport it in the market.

So here in this case, B is affected by an act of A. So, B is having a Locus Standi to approach a court because he is having an interest in the subject matter of the case.

Important Case Laws:

Shanti Kumar vs Home Insurance Company (1975)

In this case, the Supreme Court of India observed that the term Aggrieved Person does not include imaginary injury of a person it means that the aggrieved person must not be the person who has suffered an imaginary injury but that person must be the one who has suffered an actual injury that includes physical, mental, monetary injuries, etc.

Bandhu Mukti Morcha vs Union of India

In this case, the concept of locus standi is considered a relevant concept in accordance with the facts of the case because it determines who has the right to bring a Public Interest Litigation before the court, the court, in this case, held that a PIL is not adversarial litigation, which means that it is not a dispute between two parties, instead it is a challenge and an opportunity for the government and its officials to make the basic Human Rights meaningful to the deprived and the vulnerable sections of the society.

Vinoy Kumar Vs. State of U.P and Others

In this case, it was held by the High Court that the person can only file a writ petition if they are personally affected by the impugned order or if their fundamental rights have been violated otherwise they don’t have the Locus Standi to approach the court.

Conclusion

Through this Principle of Locus Standi, every aggrieved person has the right to get their rights enforced by the Court of Law, and to prevent miscarriage of justice the courts are duty bound to be cautious while they are admitting a case and ensure that there so not be any misuse of principle of locus standi. Overall while this principle has evolved over the years to promote justice for all living beings it must be used judiciously and prevent frivolous cases from clogging up the court system.

Frequently Asked Questions

Q: What does Locus Standi mean?

Ans: Locus Stnadi is one of the oldest doctrines which is mainly known as standing it is a legal term that refers to the individual's right to bring a legal action against another or participate in the lawsuit.

Q: What are the essential ingredients of Locus Standi?

Ans: There are two essential ingredients of Locus Standi without fulfilling these two one cannot approach the Court these are:

• Presence of Injury: to institute a suit a plaintiff must have to show that he has suffered from the injury and that injury must be because of an act of the defendant and it should be an actual injury that may be mental or physical but not be imaginary

• Causation: it simply means that there must be a presence of a relationship between the act of one party concerning the injury that is undergone by an aggrieved party.

Q: What is the common rule of the principle of Locus Standi?

Ans: According to this the person who is not having an interest in the subject matter of the case or is a stranger to the case then he is not allowed to interfere in the legal proceedings only an aggrieved party has a right over the judicial proceeding.

Q: In India, what is the legality of Locus Standi?

Ans: In Indian the concept of Locus Standi is included under Order 7 Rule 11 of C.P.C 1908.

Q: What is an exception to Locus Standi?

Ans: PIL is considered one of the exceptions to the concept of Locus Standi because as per the common rule of Locus Standi, only an aggrieved person can file a suit against the court not a stranger but in PIL the suit can be filed by any person where he feels that there is a violation of the fundamental rights or the legal rights of the public at large.

Q: How does Article 32 of the Indian Constitution affect Locus Standi?

Ans: Article 32 is one of the Fundamental Rights enshrined in Part Third of the Indian Constitution this Article empowers the Supreme Court of India to relax the traditional rule of Locus Standi and allow the PIL at the instance of public−spirited citizens.