Judgment No. CCZ 12/2015 21
Const. Application No. 79/14
conception of the role of law as a weapon for social change. There is also the conception of
the judicial function as investing law with meaning primarily aimed at preserving legal order
by confining the legislative and executive organs of government within their powers in the
interest of the public, whilst also directed at enforcement of individual rights.
In para. [18] of the Gupta judgment, the Indian Supreme Court highlighted the
importance of affording locus standi to a person acting in the public interest for the vindication
of the rule of law. BHAGWATI J (as he then was) said:
“But there may be cases where the State or a public authority may act in violation of a
constitutional obligation or fail to carry out such obligation, resulting in injury to public
interest or what may conveniently be termed as public injury as distinguished from
private injury. Who would have standing to complain against such act or omission of
the State or public authority? Can any member of the public sue for judicial redress?
Or is the standing limited only to a certain class of persons? Or there is no one who
can complain and the public injury must go unredressed.
... If the State or any public authority acts beyond the scope of its power and thereby
causes a specific legal injury to a person or to a determinate class or group of persons,
it would be a case of private injury actionable in the manner discussed in the preceding
paragraphs. So also if the duty is owed by the State or any public authority to a person
or to a determinate class or group of persons, it would give rise to a corresponding right
in such person or determinate class or group of persons and they would be entitled to
maintain an action for judicial redress.
But if no specific legal injury is caused to a person or to a determinate class or group
by the act or omission of the State or any public authority and the injury is caused only
to public interest the question arises as to who can maintain an action for vindicating
the rule of law and setting aside the unlawful action or enforcing the performance of
the public duty. If no one can maintain an action for redress of such public wrong or
public injury, it would be disastrous for the rule of law, for it would be open to the State
or a public authority to act with impunity beyond the scope of its power or in breach of
a public duty owed by it. The Courts cannot countenance such a situation where the
observance of the law is left to the sweet will of the authority bound by it, without any
redress if the law is contravened. The view has therefore been taken by the Courts in
many decisions that whenever there is a public wrong or public injury caused by an act
or omission of the State or a public authority which is contrary to the constitution or the
law, any member of the public acting bona fide and having sufficient interest can
maintain an action for redressal of such public wrong or public injury. The strict rule
of standing which insists that only a person who has suffered a specific legal injury can
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