Amicus Curiae

The term Amicus Curiae, derived from Latin, literally means “friend of the court.” It refers to a person or organisation, not a party to a legal case, who volunteers or is invited by the court to offer information, expertise, or insight that may assist in deciding the matter. The concept serves to aid judicial decision-making, particularly in cases involving complex legal questions, constitutional issues, or matters of public importance. The role of an amicus curiae is advisory in nature, providing perspectives that might otherwise be overlooked by the contending parties.

Historical Background

The concept of amicus curiae has its origins in Roman law and was later adopted by the English common law system, from which it entered the Indian legal framework. In early English practice, it referred to a lawyer or person who intervened to assist the court in avoiding legal errors. Over time, the idea evolved into a formalised mechanism allowing experts, public bodies, or even private individuals to contribute to the judicial process by submitting objective opinions or information relevant to the case.
In India, the use of amicus curiae has gained prominence especially since the expansion of public interest litigation (PIL) in the post-Emergency era. Indian courts, particularly the Supreme Court and High Courts, have frequently appointed amici curiae to provide impartial advice or represent parties unable to afford legal representation.

Role and Functions

An amicus curiae acts as a neutral party whose primary duty is to assist the court rather than advocate for any litigant. Their responsibilities include:

• Clarifying complex legal issues that require specialised knowledge, such as constitutional interpretation, environmental policy, or international law.
• Providing factual background or technical expertise to assist the court in understanding the wider implications of a decision.
• Highlighting broader public interest concerns that transcend the interests of the immediate parties.
• Ensuring fairness by representing unrepresented groups, such as victims of rights violations or marginalised communities, where justice demands representation beyond procedural limitations.
• Drafting legal submissions (amicus briefs) outlining relevant precedents and comparative legal principles.

The amicus curiae’s opinion is not binding on the court but carries considerable persuasive value, especially when offered by a respected jurist or institution.

Appointment and Procedure in India

In India, there is no specific statutory provision governing the appointment of an amicus curiae. Instead, the practice arises from the inherent powers of constitutional courts under Articles 32, 136, 142, and 226 of the Constitution. Courts appoint an amicus curiae suo motu (on their own motion) or upon request, whenever they deem additional assistance necessary for the just adjudication of a case.
The appointment is generally made from among experienced lawyers, academics, or subject-matter experts. In some instances, non-governmental organisations (NGOs), commissions, or public institutions are designated as amici curiae due to their expertise or stake in the matter.
The appointed amicus may:

• File a written submission known as an amicus brief.
• Participate in oral arguments before the bench.
• Present independent research or data relevant to the issue.

Courts may also request assistance from senior advocates as amici to represent parties who lack legal counsel, especially in criminal appeals or habeas corpus petitions.

Notable Examples in Indian Judicial Practice

The Indian judiciary has made extensive use of amici curiae in a variety of landmark cases:

• Hussainara Khatoon v. State of Bihar (1979): The Supreme Court appointed an amicus curiae to represent undertrial prisoners in Bihar who were being detained for extended periods without trial. The case led to the recognition of speedy trial as a fundamental right under Article 21.
• Vishaka v. State of Rajasthan (1997): In this landmark case on sexual harassment at the workplace, various women’s organisations participated as amici curiae, contributing to the formulation of the Vishaka Guidelines.
• MC Mehta v. Union of India (1986 onwards): In multiple environmental cases, advocate M. C. Mehta and other experts acted as amici curiae, aiding the Court in developing environmental jurisprudence concerning pollution control and ecological conservation.
• Suo Motu Writ (In Re: Children in Street Situations, 2021): The Supreme Court appointed an amicus curiae to assist in formulating a framework for the welfare and rehabilitation of street children during the COVID-19 pandemic.
• State of Tamil Nadu v. K. Balu (2017): An amicus curiae was appointed to examine road safety regulations and advise the Court on measures to reduce road fatalities linked to liquor outlets near highways.

Comparative Perspective

In other jurisdictions, notably the United States, the United Kingdom, and Canada, the amicus curiae mechanism is an established practice. In the U.S. Supreme Court, for instance, amici curiae—often institutions such as the American Civil Liberties Union (ACLU) or government departments—routinely submit briefs in constitutional or public policy cases. The court may also invite the Solicitor General to act as amicus in cases where the federal government has an interest.
In the United Kingdom, the concept is similarly used, though the term “intervener” is often preferred, particularly in cases before the Supreme Court and the European Court of Human Rights. The principle remains the same: assisting the court with specialised knowledge without representing a direct party interest.

Ethical Standards and Limitations

An amicus curiae must adhere to strict standards of neutrality and professionalism. The role demands:

• Impartiality: The amicus must not advocate for any party but should focus on assisting the court in discovering the truth.
• Objectivity: Submissions should be fact-based and legally sound, avoiding personal or ideological bias.
• Confidentiality: Sensitive information obtained during proceedings must be handled responsibly.
• Transparency: Any potential conflict of interest must be disclosed to maintain judicial confidence.

Courts may withdraw the appointment of an amicus if impartiality or decorum is compromised.

Significance and Utility

The institution of amicus curiae plays a vital role in enhancing the quality of justice and judicial efficiency, especially in cases involving intricate questions of policy or scientific evidence. Its significance lies in:

• Broadening the perspective of the judiciary, allowing the inclusion of expert knowledge and public concerns.
• Strengthening the principle of access to justice, particularly for vulnerable groups.
• Supporting judicial innovation and development of jurisprudence in emerging areas such as environmental law, human rights, and technology.

In India’s legal system, the amicus curiae serves as a bridge between law and public conscience, reinforcing the judiciary’s constitutional mandate to uphold justice, equity, and good conscience.