Locus standi
Latin: A place to stand.
Also called: Standing, Right to sue
The right of a person to bring an action or be heard before a court, traditionally limited to a person aggrieved, and relaxed in India for public interest litigation.
Explained
Locus standi means a place to stand. It denotes the right of a person to move a court and be heard on a matter. The traditional rule allowed only a person aggrieved, one whose own legal right was infringed or who suffered a legal injury, to seek a remedy. A stranger could not challenge an action merely because he disagreed with it.
Under the Constitution, Article 32 guarantees the right to move the Supreme Court for the enforcement of fundamental rights, and Article 226 empowers the High Courts to issue writs for the enforcement of fundamental rights and for any other purpose. The Article 32 remedy is available only where a fundamental right is in issue, while Article 226 is wider. Within these limits, the traditional rule of standing applied to writ petitions, though writs of habeas corpus and quo warranto have long been open to persons other than the one directly affected.
From the late 1970s the Supreme Court relaxed the rule to create public interest litigation. Where persons wronged cannot approach the court because of poverty or social or economic disadvantage, any member of the public acting bona fide may seek redress on their behalf, even by letter. A public spirited citizen may also challenge systematic abuse of constitutional power, as where a researcher was held entitled to question the repeated re-promulgation of Ordinances. A shareholder may challenge State action that impairs his own rights as well as the company's.
The relaxation has limits. The petitioner must act bona fide and not for private gain, political motive or publicity, and courts dismiss petitions by busybodies. Examiners test the traditional rule, the PIL relaxation, and the difference between Articles 32 and 226.
What the law says
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
Right to move the Supreme Court to enforce fundamental rights
[(1) Notwithstanding anything in article 32 ***, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including [writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.]
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.
[(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without—
High Court writ jurisdiction, including for any other purpose
For the exam
- Meaning: a place to stand; the right to be heard before a court.
- Traditional rule: only a person aggrieved may sue.
- PIL: any bona fide member of the public may act for those unable to approach the court.
- Article 32 needs a fundamental right in issue; Article 226 extends to any other purpose.
- Busybodies and petitions with private or political motives are not entertained.
313 questions in the Law Maker question bank use this maxim. Practise Constitutional Law questions
Judgments
- People's Union for Democratic Rights v. Union of India (1982)In a public interest petition on Asiad construction workers, the Court upheld the petitioners' standing, held the State bound as principal employer to enforce labour laws, and held that work below minimum wage is forced labour under Article 23.
- D.C. Wadhwa v. State of Bihar (1986)The Governor cannot keep an Ordinance alive by repromulgating it successively without placing it before the Legislature; such repromulgation is a colourable exercise of power and a fraud on Article 213, and the surviving Ordinance was struck down.
- Fertilizer Corporation Kamgar Union v. Union of India (1980)The workers' challenge under Article 32 to the sale of obsolete plant of the Sindri Fertilizer Factory failed: no fundamental right under Article 19(1)(g) or Article 14 was violated, and the sale was neither arbitrary nor mala fide.
- Rustom Cavasjee Cooper v. Union of India (1970)The majority struck down the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969, which nationalised 14 banks, for hostile discrimination, unreasonable restriction on business and failure to provide compensation under Article 31(2) on relevant principles.
Related terms
- Habeas corpusA writ directing a person or authority holding someone in custody to produce him before the court and show lawful authority for the detention, failing which he is set free. Issued under Articles 32 and 226.
- MandamusA writ commanding a public authority, body or official to perform a public or statutory duty that it has failed or refused to perform. Issued under Articles 32 and 226.
- Quo warrantoBy what authority. A writ requiring the holder of a public office to show the legal authority under which he holds it, and removing him if he has none.
- CertiorariA writ by which a superior court calls up the record of an inferior court, tribunal or authority and quashes a decision made without jurisdiction, against natural justice, or with an error of law apparent on the record.
- Suo motuAction taken by a court or authority on its own initiative, without an application or complaint from a party.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.