Principle of Locus Standi

Principle of locus Standi
• The word ' Locus Standi ' is derived from Latin

word which means a place for standing.
Generally, it means the right of a party to
appear and be heard before a court. Locus
Standi is 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.
• The word ' Locus Standi ' is derived from Latin
word which means a place for standing.
Generally, it means the right of a party to
appear and be heard before a court. Locus
Standi is 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.
• In general, nobody can proceed any legal
action without locus standi. The theory of
locus standi states that only that persons who
has right to locus standi can enter in the
Court. If this theory is not maintained,
anybody can proceed any legal action in any
case and as a result, legal anarchy and
dilemma may arise.
• A number of factors can influence locus standi
for a given person or situation and legal
standing can vary depending on the level of
the court as well. In essence, standing
determines whether a person has sufficient
cause and reason to bring forward a case to
sue somebody.
• A person cannot bring a suit before the court unless
the plaintiff can demonstrate that the plaintiff is (or will
be) harmed by the law. Otherwise, the court will rule
that the plaintiff “lacks standing” to bring the suit, and
will dismiss the case without considering the merits of
the claim.
• 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.
• This term applies to people who want to bring
suits, individuals who want to address the court,
and people who want to be heard in the court. As
a general rule, a person has locus standi in a
given situation if it is possible to demonstrate
that the issue at hand is causing harm and that
an action undertaken by the court could redress
that harm. If these conditions cannot be satisfied,
the court may determine that an issue has no
locus standi.
• If a somebody wants to challenge a law, the s/he
must first show that s/he is experiencing harm as a
result of the law; people cannot, in other words,
challenge laws just on the principle of the matter, or
because they think that they might harm other
people. These individuals must also be able to show
that the court could take corrective action such as
striking the law down. When the case is filed, the
court could determine that the citizen does indeed
have locus standi, and the case will be heard.
• For example, if Ram’s land is encroached by Gita, at
that time nobody has right to file the case against
Gita except Ram. Similary, if the court send
summon or process to Hari, nobody can enter in
the court along with note of defense ( statement of
defense) except Hari. If there is a provision
regarding attorney or authorized attorney, legally
eligible attorney can presence in the court on
behalf of concerned person( who has right to locus
standi).
• The present Constitution of Nepal states that
anyone can argue that right of locus standi has been
sufficiently liberal and all people of Nepal have
secured these rights.
• The Constitution has provision of Right to obtain
constitutional remedies in the manner set forth in
Article 133 or 144 for the enforcement of the rights
conferred by the Constitution.
• writs of habeas corpus, mandamus,certiorari,
prohibition and quowarranto.
• Civil procedure (Sanhita) , 2074 sections 10 and 86 mentions about locus
standi.
Section 10: One to have locus standi to make plaint: A person who intends to file
a plaint in the court shall set down in the plaint that he or she is entitled to make
any claim or has lawful interest or concern in such a claim, and show his or her
locus standi.
Section 86: Plaint to be made on matter in which one has right: 1) Except as
otherwise provided for in the Chapter, a person shall make a plaint claiming for
only the matter in which he or she has right.
2) If any person prays for the registration of a plaint in a manner contrary to
sub-section (1), the plaint shall not be capable of being registered, and even if
such a plaint has been registered for any reason, the plaint shall be voided,
except on the case where a plaint has been made pursuant to Section 91.
(Section 91: Plaint may be made by any one in the case of a dispute involving
public interest or dispute)
Section 91of Civil Procedure (sanhita) 2074
• Plaint may be made by any one in the case of a dispute

involving public interest or concern: (1) Notwithstanding
anything contained elsewhere in this Act, any person may, with
the leave of the court,
• file a plaint on a dispute involving the right, interest or concern
of the Government of Nepal, Provincial Government or Local
Level or public interest or concern.
• (2) In order to obtain a leave pursuant to sub-section (1), a
separate petition shall be filed along with the plaint.
• (3) If a petition is made for the leave pursuant to sub-section
(2), the court shall decide such a matter on the same day on
which such a petition is made.
Criminal procedurel (sanhita) 2074
• 4 First information report or information on

commission of offence to be given:
• (1) A person who knows that any offence set forth in
Schedule-1 has been committed or is being committed
or is likely to be committed shall, as soon as possible,
make a first information report in writing or give
information on such offence, verbally or through
electronic means, along with whatever proof or
evidence which is in his or her possession or which he
or she has seen or known, to the nearby police office in
the form referred to in
• According to Domestic Violence( Offence and punishment)
Act, 2066 B.S.(2009), anybody including aggrieved party
can register the verbal as well as written complain in the
police office or National Women Commission or local
body. If aggrieved party wants to register the case in the
court, s/he can file the case. Therefore anybody can make
a complain means locus standi is not necessary relating to
case of domestic violence.
• Summary procedure Act, 2028 B.S. will be applied in this
case.
Relevent Case of Locus Standi
• Radheshyam Adhikari v. Cabinet Secretariat and others
• -Ambassador's appointment case
• -Nobody can be deemed to have right to bring before this court for judicial determination any
dispute regarding any matter in which he has no meaningful relationship and substantial
interest. Meaningful relationship and substantial interest.
• In Radheshyam Adhikari v. Cabinet Secretariat of His Majest's Goverment & Others, also known as
the Ambassador's appointment case, (Writ No. 989 0f the year 2047 B.S.), speaking on behalf of a
Full Bench, Chief Justice Vishwanath Upadhyaya also observed that in order to activate the extra-
ordinary jurisdiction of the apex court under Article 88(2) of the Constitution of the Kingdom of
Nepal, 1990 mere normal desire or concern of the petitioner cannot be deemed sufficient. No
body can be deemed to have the right to bring before this court for judicial determination any
dispute regarding any matter in which he has no 'meaningful relationship or substantial interest'.
There must be established a reasonable cause or basis of the relationship or concern of the
petitioner with the subject matter of dispute as a citizen of the country or as a member of the Nepali
society or any community of peoples. CJ Upadhyaya, therefore, further observed that if any one is to
be allowed to institute any kind of dispute regarding any public right or interest under extra-
ordinary jurisdiction of the apex court, the flood of such petitions would possibly not only
intimidate the efficiency and effectiveness of the court but also frustrate the propriety of such a
constitutional provision which is not at all the intention of the constitution.
• Advocate Prakash Mani Sharma for Pro Public vs His Majesty Government Cabinet Secretariat and others, WP
2991/1995 (1997.06.09)
• In the case one of the legal issue was Whether there is locus standii of the petitioner to invoke the extraordinary
jurisdiction of the Supreme Court in regard to heritage conservation?
Concerning the question of petitioner’s standing to file the case in the court: respondents seemed to agree in their
written statement Rani Pokhari is public property that has maintained the historical and cultural importance of that area.
• As such, the words “public right” or “concern” under Article 88(2) of the Constitution signifies the collective right of
the general public under the constitution and law. That is why it cannot be said that a public-spirited individual
has no right to be concerned about such public property.
The court disagreed with the argument put forth by Learned Government Attorney Balaram K.C. and the written
statement of the respondent that the writ petition filed in court on behalf of Forum For Protection of Public Interest lacks
locus standi.
• Previously, in various other cases as well the court had ruled that any individual has locus standi to bring suit in the
Supreme Court concerning matters of public importance. Here it is not necessary to further consider locus standi as
the court has granted broad interpretation in many cases:
• Surya Prasad Dhungel vs Godavari Marble Industries Pvt. Ltd. (NLR 2052, Silver Jubilee Issue Page 169), Balkrishna
Neupane vs His Majesty Government, Cabinet Secretariat (SC Bulletin 2049 No 11, P. 1) Yogi Narahari vs HMG
Ministry of Education Culture and Social Welfare (NLR 2053, JN 5127).

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Principle of locus Standi

• The word ' Locus Standi ' is derived from Latin

• Plaint may be made by any one in the case of a dispute

• 4 First information report or information on

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