INTRODUCTION
Whenever a party’s rights have been violated, he is advised to get justice from the courts which is both- a time consuming and expensive process. What about those individuals who do not have the resources to do the same? Should the poor and marginalized just suffer in silent? NO! This is why Public Interest Litigation or PIL was developed. PIL is a chief instrument which has been developed due to judicial activism in the Indian courts. According to Black’s Law Dictionary- “Public Interest Litigation means a legal action initiated in which the public or class of the community have pecuniary or some interest by which their legal rights or liabilities are affected.”[1]
This concept first emerged in the United States of America. In India, this concept was touched on by Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs Abdul Thai but it wasn’t until in the 1980s, following the landmark case of Hussainara Khatoon v. Home Secretary, State of Bihar really took off in India. Justice PN Bhagwati and Justice Krishna Iyer are said to be the pioneers of this concept.
The Latin maxim locus standi is made up of two words, namely ‘locus’ meaning place and ‘standi’ which means the right to bring an action. The maxim, hence means the right or capacity to bring a legal action before the court. “It thereby refers to a vested legal right to file a lawsuit so as to provide a part with the ability to show the court of law that the law and action that have been challenged, has a considerable relation to the party and the resultant damages justify the party’s involvement in the case.”[2]
In India, this concept of locus standi is mentioned in “Order 7 Rule 11 of the Civil Procedure Code, 1908.”[3] For a plaintiff or appellant to file a suit, he/she needs to prove that he has the locus standi to appear before the court. Only after this has been proved can the trial be started.
But due to public interest litigation coming in the picture, things have changed regarding locus standi and how people who has faced damages can only file a suit.
OBJECTIVE OF LIBERALIZATION OF LOCUS STANDI
In the past the paradise of justice was the monopoly of the affluent who alone possessed its golden key but ever since the concept of PIL came into existence, the scope of locus standi has widened.
Though the Constitution of India[4] guarantees several rights like equality, freedom and so on to the citizens, it is true that “a large majority of the Indian people have no assurance of two nutritious meals a day, safety of employment, safe and clean housing, or such level of education as would make it possible for them to understand their constitutional rights and obligations.”[5]
Poor people do not have the means to represent themselves before the court. So this is where PIL plays an important role. “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.”[6]With the help of the liberalization of locus standi, people who do not have private interest and want to do something pertaining to larger public issues such as- violation of basic human rights of the poor, environmental issues, terrorism, and other hazards can file a suit before the Court to receive justice. This also helps one legal empowerment of the poor which can effectively deliver both the “freedom from want” and the “freedom from fewer”.[7]
The rule of law was never meant to be available for only a handful amount of fortunate people. The poor too have civil and political rights which should exist in reality and practice and not just paper. “If the sugar bacons and the alcohol kinds have the fundamental right to carry on their business and to fatten their purses by exploiting the consuming public, have the charmers belonging to the lowest strata of society no fundamental right to earn an hipster living through their sweat and toil?”[8]
WHO CAN FILE A PIL?
Any person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation can approach the court for justice. But one cannot approach the court for personal interests or selfish mitigates. In the case of Indian Banks’ Association, Bombay and ors v. M/s Devkala Consultancy services and Ors.,[9] the Supreme Court held that “in an appropriate case, where the petitioner might have movies a court in her private interest and for the redressal of the personal grievance, the court in furtherance of Public Interest may treat it a necessity to enquirer into the state of affairs of the subject of litigation in the interest of justice. Thus a private interest case can also be treated as public interest case.”
CONCERNS:
Public Interest Litigation, no doubt has several benefits which helps justice reach the darkest corners of India and helps the exploited commoners. It helps in bringing social change and also makes sure that the people who were or are silenced can voice their concerns. Thomas Hobbes, an English philosopher has rightly said in his social contract theory “man is in essence a greedy being.” Man is never satisfied and looks forward to do things which would bring benefits only to him even if it harms other people. And his words ended up being true when people started misusing and abusing the tool of PIL for their personal benefit. This takes place because PILs are cost efficient and time efficient as compared to the regular legal procedures. It is the duty of the court before which the suit has been brought to carefully scrutinize the case and makes sure that there is no malafide motive involved. This has been held by the Supreme Court in several instances.
CONCLUSION:
The concept of Locus Standi acted as a restraint to people who were unable to approach the court due to either economic or monetary issues or social reasons. But due to the relaxation of this maxim, it is possible to do so. This powerful tool will definitely benefit developing countries like India as it will help combat societal atrocities and bring social change. “This mechanism may serve as a model for other developing nations to pursue in their efforts to address the needs of the disadvantaged sections of the society, thereby contributing to the prosperity of democratic institutions.”[10
Author(s)Name: Khushi Verma (ILS Law College, Pune) References:
[1] Singh and Associates, Public Interest Litigation: A New Horizon <https://www.lexology.com/library/detail.aspx?g=422fb912-72d4-424e-a3af-3a36ee2ecaca>
[2] Siddiqua Abdullah, Principle of Locus Standi (iPleaders, 2023) < https://blog.ipleaders.in/principle-of-locus-standi/>
[3] Civil Procedure Code, 1908
[4] Constitution of India, 1950
[5] Mahesh R. Halde, Locus Standi has Widening The Scope of Public Interest Litigation (2011) <chrome://external-file/Halde-2011-SSRN_Electronic_Journal.pdf>
[6] Mohd. Haris Usmani, Public Interest Litigation:- Its origin and meaning <https://www.legalserviceindia.com/article/l273-Public-Interest-Litigation.html>
[7] United Nations General Assembly, Legal Empowerment of the poor and eradication of poverty, 2009, Para 6
[8] Mahesh R Halde n-5
[9] Indian Banks Association and Ors v M/s Devkala Consultancy Services and Ors, [2004]
[10] Zachary Holladay, Public Interest Litigation in India as a Paradigm for Developing Nations, 2012 < https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1492&context=ijgls>
