Response

The locus standi is available of in cases of personal rights in question or has been infringed. The petitioner was involved as a NGO and not on any personal pleadings.

Yes, you have locus to file the Writ Petition.

Part IV of the constitution of India deals with the directive principles of the state policy which are non enforceable by law and art. 44 also come within the same framework. If there are specific issue then only they have the rights to rely upon such a provision. The current issue is more of a policy related concern than legal and thus its quite unlikely that the court would entertain the same.

The policy matters are prerogative of the governments and thus the policy related issues are not entertained like the current one being a policy matter. The court in such case would not in my opinion be inclined to entertain such petitions as it will tantamount to interfere with the powers of the government to make policy as not envisaged by the constitution.

The NGO in the current case is a trust registered under the Trust association and thus it is not a juristic person. Under Article 226, it is well stated that the case filed by unregistered associations are not maintainable.

The grounds, materials or evidences would playa great role in deciding the maintainability of petition.

Reference: Article 44 and 226 of the Constitution – – AHG339 – 202100585 – 185 – 166- 202100168202100437880

LAWAYZ-2023-1010