Friday, 18 February 2022

Locus Standi

 Locus Standi 

Locus Standi is a Latin term which means place to stand, the right or ability to bring a legal action to a court of law, or to appear in a court. The maxim refer s to the right of a party or whom is going to sue is the write of this party to appear and be heard before the court of law or to institute s suit or an action before the court. Like an individual cannot bring a complaint challenging the constitutionality of a law, unless someone can show that they have been harmed or affected by the law. Contrarily the court would conclude that the complaint locus Standi to file the complaint, and will reject the lawsuit without even taking into consideration, the validity of the unconstitutionality provision raised by her. 

In talking to legal manner the locos Standi means the essential applies to a plaintiff attempt to show to the court that there is an ample relation or correlation or a cause of action to the plaintiffs from the suit. In other term it says that it applies to a person capacity to put a case before the court of law or to testify before the court of law. 

Some case law related to it was in the case M/S boc India ltd. vs. the state of Jharkhand and ors, there was a writ petition filed before the Hc of Jharkhand at Ranchi which was by reason of the impugned judgment has been dismissed, holding that BOC has no locus Standi to file a write petition as admittedly tax was payable by Tisco. The court held that when it is to be believed that the assesses is an aggrieved party to challenges the legitimacy of the complaint presented thereon, it would have the locus Standi to retain a formal grievance.  

The SC of united state has confirmed that in essence the question of locus Standi is whether the litigant is entitle to have the court determine the merits of the case or specific issue. The plaintiff must have suffered or imminently will suffer injury an invasion of a legally protected interest which is concrete and particularized. The injury must be actual or imminent distinct and palpable, not abstract. This injury could be economic as well as non-economic. There must be a casual connection between the injury and conduct complained of, so that the injury is fairly traceable to the challenge action of the defendant and not the result of the defendant and not the result of the independent action of some third party who is not before the court. 

In Indian context an individual whose constitutional or legal right is been violated may seek relief under section 226 of the Indian constitution according to tradition however the Supreme Court has recently liberalized the Locus Standi clause. The court now allows public-spirited individual to file a write petition for protection of every other person classes constitution and statuary right even through that person or class is unable to claim the Hc jurisdiction due to poverty or any other social economic impairment.     

No comments:

Post a Comment

Equality before law

  Equality before law “The state shall not deny to any person equality before the law. Meaning of right to equality This means that every pe...