Currently, the IPL deals with a wide range of issues such as administrative issues affecting society, socio-economic issues, abuse of power by public authorities, workers` rights and environmental issues. The Latin maxim “locus standi” consists of two words, namely “locus”, which means place, and “standi” means the right to bring an action. So, taken together, it means the right to appear or take legal action. According to this maxim, a person must prove his legal capacity before going to court. This means that the person can only apply to the court if his personal interest is violated or if harm is inflicted on him. This maxim is one of the basic principles of the adversarial process system. In India, the concept of locus standi is mentioned in Ordinance 7, Rule 11, of the Civil Procedure Code of 1908. To bring an action, the plaintiff or appellant must first prove that he or she has standing to bring an action, and the proceedings begin thereafter. The General Court may dismiss the action in its entirety, irrespective of whether it is well founded, if the requirement of locus standi is not satisfied. Public interest litigation, also known as class actions or social actions, is different from the normal nature of litigation. The main objective of PIL is to bring justice to those who would not normally have access to it. The standing rule has been radically changed to make it more flexible. Now, any socially motivated person can submit a LIP representing the grievances or problems of a socially or economically backward community.
With the development and evolution of intellectual property rights, the government`s responsibility and attitude towards the rights of the weaker sections has improved considerably. The relaxation of the standing rule and the improvement of the government`s accountability to the weakest parties has made the RPI one of the most important and effective tools for social change and the validation of the rule of law under Article 14. Locus standi is a Latin term meaning place of locus standi – a right to appear in court or the right to bring an action. Standing is a party`s ability to prove to the court a sufficient connection to the law or the disputed action and the damage. Recently, the scope of the POL has expanded and continues to be expanded. Today, PIL is not only an instrument to solve the problems of the poor and marginalized, but also to solve social problems. However, under the traditional definition of locus standi, issues and matters of public interest are not enforceable in court. A foreign government that has not been recognized by the Government of India does not have standing to bring an action in the Indian courts. Figure – A local cable operator appealed BCCI to court on the grounds that it had suffered significant damage as a result of IPL`s suspension due to Covid-19.
The tribunal will dismiss the action out of hand because there is no direct link between BCCI`s action and the pecuniary damage suffered by BCCI. He therefore has no standing to bring proceedings against BCCI. There has been little or no effort to mitigate or even discuss the grievances and problems faced by certain categories of citizens, or even the general public. The judiciary, as guardian of citizens` fundamental rights, plays a central role in these areas. The control of legislation and administrative decisions or measures aimed at guaranteeing and preventing violations of fundamental rights is a power conferred on the judiciary. Figure – In a business transaction between A and B, A acted fraudulently and B suffered a huge damage of 100 crore as a result. Now, only A has the right to bring an action in court, because his legal claim is violated. In Sh. Ved Prakash v. S.H.O., the plaintiff filed an injunction claiming ownership of 1/6 of the family. After conducting the proper investigation, the Court concluded that the applicant lacked standing in the present case, as no cause of action had arisen.
If a voter in an industry association has the right to take legal action against the elections for incorrect voting. In that case, the Court held that; As the power of the bureaucracy increases, abuse of standing is inevitable. The only solution is to extend and relax standing in order to broaden the scope of justice. There are cases where a statute contains a provision that relaxes the strict standing requirement. This provision is inserted by inserting the words “injured person” or “injured person”. However, in the event of a dispute, the court interprets the sentence according to the facts and context. The term “injured person” indicates a broader scope of application and includes not only the person who actually suffered the damage, but also the person who fears future loss.