Locus Standi

Locus standi refers to a party's right to appear and be heard before a court or tribunal. Traditionally, only a person whose legal rights have been directly infringed, or who has suffered specific legal injury, has the standing to approach the court. However, Indian jurisprudence has significantly liberalized this doctrine, especially in constitutional and public interest matters.

The traditional rule required a 'legal injury' to the person seeking relief. This was relaxed in India through the development of Public Interest Litigation (PIL) in the 1980s. The Supreme Court held that in matters of public importance, any member of the public acting bona fide can approach the court even without personal injury. This liberalized approach has been termed 'citizen standing' or 'public interest standing.'

The concept of locus standi varies across different types of proceedings. In writ jurisdiction under Articles 32 and 226, the requirement has been significantly relaxed for public causes. In civil suits, traditional rules of privity and personal injury still largely apply. In criminal matters, generally any person can set the law in motion, though private complaints require the complainant to show some grievance. The trend in Indian law has been toward liberalizing standing requirements to ensure access to justice.