Presented by

Manoj Kumar Yadav

Deepesh Ojha

PRINCIPLES OF
PROCEDURAL LAW:
LOCUS STANDI
Concept
 The term locus standi is of Latin origin which
refers to the right of a person to make an
issue in the relevant fact in the court.
 In simple words, the term locus standi means
when a person is affected by a certain act,
only that person has the right to make a
claim or file a complaint.
 Guided by a well known maxim “ No one can
sue in the name of another.”
Cont’d
 It simply means that a person has a legitimate claim
that they are being harmed by a law or some sort of
action. It means that the party bringing the case to
the court has a real reason to be doing so because
of actual or potential harm done to them due to the
matter being brought before the court. 
 This refers to the litigant or the plaintiff
For example, the court could find that a person does
not have locus standi in a case if they are the plaintiff
but have suffered no harm or are unlikely to suffer
harm from an action or law - thus the case would be
dismissed.
Definition
 A place of standing, standing in court, a right
of appearance in a court of justice, or before
a legislative body, on a given question.
- Black’s Law Dictionary.
Standing requirements
 Injury: The plaintiff must have suffered or imminently will
suffer injury—an invasion of a legally protected interest
that is concrete and particularized. The injury must be
actual or imminent, distinct and palpable, not abstract.
This injury could be economic as well as non-economic.
 Causation: There must be a causal connection between
the injury and the conduct complained of, so that the injury
is fairly traceable to the challenged action of the defendant
and not the result of the independent action of some third
party who is not before the court.
 Redress ability: It must be likely, as opposed to merely
speculative, that a favorable court decision will redress the
injury.
Legal Provision Regarding Locus Standi

Adalati Bandobasta (court management) no. 82

Any one may file a suit on a case in which the
Government of Nepal becomes a party and on
a case of bribery filed along with the
production of the evidence of document
signed himself or herself by the government
employee who has asked for bribery. In all
cases other than these cases, a suit with
claims on any matter shall be entertained only
if it is filed by a person who has locus standi
on that matter.
Adalati Bandobasta (court management) no.10
In relation to the cases which are state cases
as per the laws in force, such cases shall be
tried by maintaining the Government of Nepal
as the plaintiff. In relation to the other cases,
the Government of Nepal, or any public
generally, with the leave of the office, may,
being the plaintiff, institute a case involving
the interest or concern of the Government of
Nepal or public interest or concern, in view of
the subject-matter or nature of such cases.
Adalati Bandobasta (court management)
no.83
If it is required to file or make a plaint, statement of
defense, appeal, application on any matter on
which a minor below Sixteen years of age or a
person who, despite being a major, is not sane
because of the state of elderly or any kind of
serious disease or is mad or blind on both eyes or
dumb or a person who has gone abroad but
whose return is uncertain has locus standi or to
carry out any other act or action in relation to case,
any heir to such person, who has completed the
age of Sixteen years and is living in the joint family
may, with the leave of the office, may file, make or
carry out the same.
LOCUS STANDI UNDER WRIT
JURISDICTION
According to Supreme Court bye-laws, 2049 rule
90 [1&2] and the provision made by ICON,2063
art. 32 and 107 [1&2] has made the provision
that Every Nepali citizen has locus standi to file
the writ petition for the purpose of:
• to file petition in the Supreme Court to have
any law or any part thereof declared void on
the ground of inconsistency with this
Constitution for the enjoyment of fundamental
rights.
Cont’d
 According to sub-rule 3 of Supreme Court
Bye-Laws, ‘locus standi of the person who
is in illegal detention may sign the writ
petition in person if possible otherwise
related person such as (husband, wife,
mother, father, brother, sister, daughter,
son)or other related person such as friend
can file the writ petition of Habeas Corpus
on the behalf of the person who is in
illegal detention
Liberalization of locus standi and PIL
 The classical and restrictive rule of locus
standi, which is inherent in all legal systems,
is aimed at to limit the access of the citizen
to the court of law by insisting that only a
person aggrieved can maintain an action
seeking remedy for the violation of the public
or private rights so that wasteful challenges
by busybodies can be excluded and limited
judicial resources are not being misused.
Cont’d
 In the recent years the concept of Public
Interest Litigation has emerged which is
concerned with general people’s right,
welfare and interest not limited on the
right and interest of individual.
 PIL has developed as the alteration
of the requirement of locus standi and
other formal procedural rule.
Locus standi and its necessity
 Without the presence of locus standi the rights
of the people cannot be entertained through
the courts.
 This principle makes the people conscious
about their rights.
 Through this principle only the real victims can
file the cases and the people with malicious
intent without any locus standi are prevented
from suing other people.
 It also reduces the unnecessary case load of
the court.
Thank you