LOCUS STANDI
In law, standing or locus standi is the term for the ability of a party to demonstrate
to the court sufficient connection to and harm from the law or action
challenged to support that party's participation in the case.
PUBLIC INTEREST LITIGATION
In Indian law, public interest litigation means litigation
for the protection
of the public interest. It is litigation introduced in a court of
law, not by the aggrieved party but by the court itself or by any other private
party. It is not necessary, for the exercise of the court’s jurisdiction, that
the person who is the victim of the violation of his or her right should
personally approach the court.
Public interest litigation is the power given to the public
by courts through judicial activism. The seeds of the concept of public
interest litigation were initially sown in India by Krishna Iyer J., in 1976 in
Mumbai Kamagar Sabha vs. Abdul ThaiMumbai Kamagar Sabha vs. Abdul Thai (Trade
Union was allowed to file a case even though it had no locus standi)
However, the person filing the petition must prove to the
satisfaction of the court that the petition is being filed for a public
interest and not just as a frivolous litigation by a busy body.
Such cases may occur when the victim does not have the
necessary resources to commence litigation or his freedom to move court has
been suppressed or encroached upon. The court can itself take cognizance of the
matter and proceed suo motu or cases can commence on the petition of any
public-spirited individual.
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