S.P. Gupta v Union of India (1981)

Administrative Law · Government Privilege, Official Secrets & the Right to Information

Facts.

Lawyers challenged government policy on the transfer and non-appointment of judges; their standing to sue was questioned.

Issue.

Can a person who is not personally injured invoke the court’s jurisdiction on behalf of others / the public interest?

Held.

Yes. Where those whose rights are affected cannot approach the court due to poverty or disability, any bona fide member of the public may do so — locus standi is relaxed.

Why it matters.

It is the foundation of Public Interest Litigation in India, opening the constitutional courts to the poor and the voiceless and reshaping access to justice.

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