- The constitution equips an individual with double standing to sue as an individual and as
a member of the community. - Every person is entitled by law to institute proceedings for the protection of the
Constitution and its legality. - In public interest litigation, the notion of personal interest, personal injury or sufficient
interest over and above the interest of the general public does not arise as a consideration.
In matters of public interest, the courts will not deny standing to a genuine and bona fide
litigant even where he has no personal interest in the matter.
That said, however, it is difficult to draw the inference of unconstitutionality, which the Court
was called upon to draw, in relation to those appointments. The furthest we can go is to fall back
to the words "subject to the other provisions of this Constitution" in Art. 36 (2) and this would
lead to the division of union and non-union matter in Art. 4(3).
A breach of the Constitution, however, is such a grave and serious affair that it cannot be arrived
at by mere inferences, however attractive, and I apprehend that this would require proof beyond
reasonable doubt. I have therefore not found myself in a position to make the declaration sought
and I desist from doing so.