Can Judiciary deny Locus Standi of Legislature in a Democracy?
Posted on 14 Dec 2020; 02:00 PM IST. Last Updated 14 Dec 2020; 02:00 PM IST.Summary: This article examines the question on whether Judiciary can deny Locus Standi (standing) of Legislature in a Democracy.
The doctrine of separation of powers implemented by most democracies, endows the legislature with the right to frame and amend laws of a nation, and grants supervisory powers over judiciary.
Thus, if judiciary has authority to prosecute a case of national interest, then naturally legislature has a locus standi (standing) in the case, irrespective of whether the legislature is the plaintiff, or has joined the case via Amicus petition.
A state or territory or province which has a legislature unto itself, and which provides legislative members to the republic or union, is a legislative body by itself, and cannot be denied standing, in cases of national interest, unless the constitution of the nation, explicitly prohibits such an act.
When legislative members of a republic or union elected by a state, join the petition of a state either as plaintiff or via a separate Amicus petition, the petitioner may be deemed as a legislative body, and in this case the petitioner cannot be denied locus standi, under any clause, in a case pertaining to national interest.
In a functional democracy, the denial of locus standi of legislature by judiciary, in cases pertaining to national interest, may be viewed as an abrogation of the rights of the legislature, awarded by the constitution.
A democratic republic may delegate many administrative functions to states or provinces, merely for the sake of administering these shared responsibilities across the nation, in a convenient manner. A twisted interpretation that a state or province is endowed with sovereign rights in administering "shared responsibilities", could produce twisted and illogical results.
Since the world has reached a stage or era, where democracies are under severe existential threat from radical forces, the legislature may allow judiciary to vote anonymously, than make all the intentions of judges transparent to public, in cases pertaining to national interest.
The institution of democracy shares powers across the three branches of the democracy, and at the same time demands that the responsibility to preserve democracy, shall be borne by all three branches of the democracy.