Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Legal Maxims

Question:
PIL means a legal action brought in the court of law on behalf of those persons whose legal rights are violated and they can’t approach the court due to their economic or socially disadvantageous position. Public Interest Litigation (PIL) is litigation that can be filed by any member of the public In which the public interest is a subject. Litigation is filed To redress the wrong or injury to the public. The person can file the PIL in any matter where the interest of the public at large is affected by pollution, terrorism, road safety or hazardous construction etc. Thus, PIL is an exception to _______________rule ?
Options:
Obiter Dicta
Locus standi
Ubi Jus Ibi Remedium
Salus Populi Est Suprema Lex
Correct Answer:
Locus standi
Explanation:
Locus Standi: The Latin Maxim “Locus Standi” consists of two words namely “locus” which means place and “standi” means the right to bring an action.So, collectively, it means the right to appear or the right to bring an action before the court. As per this maxim, one person needs to show his legal capacity before approaching the court. It means the person can only approach the court when his personal interest is suffered or an injury is inflicted upon him. This maxim is one of the fundamental principles of the adversarial litigation system.
In a commercial transaction between A and B, A acted fraudulently and due to which B suffered whopping damage of 100 crore. Now, only A has the locus standi to approach the court as his legal right is violated.
The exception to the rule of Locus Standi-Public Interest Litigation. As per the court, PIL means a legal action brought in the court of law on behalf of those persons whose legal rights are violated and they can’t approach the court due to their economic or socially disadvantageous position. Public Interest Litigation (PIL) is litigation that can be filed by any member of the public In which the public interest is a subject. Litigation is filed To redress the wrong or injury to the public. The person can file the PIL in any matter where the interest of the public at large is affected by pollution, terrorism, road safety or hazardous construction etc.