Question

Which of the following is an exception to the principle that only the person whose fundamental right has been violated has the locus standi to move Supreme Court under Article 32?

• A. Habeas Corpus Petition only
• B. Public Interest Litigation only
• C. Habeas Corpus and Public Interest Litigation
• D. Certiorari

Hint:

Habeas Corpus and PIL are exceptions to the usual rule regarding locus standi, allowing individuals or groups to seek justice on behalf of others.

Answer 1

The Correct Option is C

While Article 32 of the Indian Constitution allows only the person whose fundamental rights are violated to approach the Supreme Court, exceptions to this principle exist, such as in the case of Habeas Corpus petitions and Public Interest Litigations (PIL). These allow others to approach the Court on behalf of those whose rights are violated, particularly for broader public issues.

Answer 2

The correct answer is Habeas Corpus and Public Interest Litigation, which are recognized as exceptions to the general principle of locus standi under Article 32 of the Constitution of India.

General Rule of Locus Standi under Article 32:
As a general principle, only the person whose Fundamental Right has been infringed can approach the Supreme Court under Article 32 to seek remedy. This ensures that the right to constitutional remedies is personal and specific to the aggrieved party.

Exceptions to the Rule:
There are, however, notable exceptions where third parties or concerned citizens are permitted to file petitions on behalf of others:

1. Habeas Corpus:
This writ can be filed by any individual—not necessarily the detained person—on behalf of a person who is unlawfully detained. It allows citizens, lawyers, or human rights activists to move the Court for release of a person from illegal custody.

2. Public Interest Litigation (PIL):
PILs allow individuals or groups to file petitions on behalf of those who are unable to approach the Court themselves due to poverty, illiteracy, or helplessness. The Supreme Court has relaxed the rule of locus standi in such matters to uphold the spirit of social justice, especially where the rights of marginalized or disadvantaged groups are concerned.

Judicial Recognition:
The Supreme Court has, through various landmark judgments, expanded the scope of Article 32 to include these exceptions, thereby transforming the judiciary into a powerful instrument of social justice.

Conclusion:
While Article 32 typically allows only the aggrieved person to seek redressal, Habeas Corpus and Public Interest Litigation are two important exceptions where third parties can invoke the jurisdiction of the Supreme Court to enforce fundamental rights.