Amicus Curiae – A friend of court.
Definition of Amicus Curiae
Amicus Curiae is a Latin term meaning “friend of the court.”
It refers to a person or organization who is not a party to a case but offers voluntary, expert, or impartial information, advice, or opinion to assist the court in deciding a matter of law or fact.
Key Point: An Amicus Curiae does not represent any party but helps the court in delivering justice.
Key Features
Non-Party Status – The amicus is not a litigant in the case.
Expertise or Interest – Usually possesses special knowledge, experience, or insight relevant to the case.
Objective Assistance – Provides information impartially, helping the court understand technical, legal, or social aspects.
Permission of Court – Typically, the court permits or invites the amicus to submit briefs or advice.
Functions of Amicus Curiae
Clarify Complex Issues – Explains technical, social, scientific, or legal matters.
Suggest Legal Principles – Helps the court in framing or applying laws correctly.
Provide Impartial Opinions – Offers a perspective that is neutral and informative, not biased toward any party.
Illustration
In a constitutional case on environmental protection, a non-governmental organization (NGO) may be invited as Amicus Curiae to present research on the ecological impact.
The court can consider the information while making its judgment, though the NGO is not a party to the case.
Case Law Examples
S.P. Gupta v. Union of India (1981) – Advocated for public participation in judicial appointments.
NGOs and senior lawyers acted as amicus curiae to assist the Supreme Court in understanding public interest.
MC Mehta Cases (Environmental Law) –
MC Mehta v. Union of India (1987) – Environmental NGOs acted as amicus curiae, providing scientific data to the court.
Vishaka v. State of Rajasthan (1997) –
Organizations concerned with women’s rights were allowed as amicus curiae, helping frame guidelines against sexual harassment.
Legal Significance
Strengthens judicial decision-making by providing expert knowledge.
Enhances fairness in cases with significant public interest.
Courts can rely on amicus briefs to formulate new legal principles.
Summary
Amicus Curiae = “friend of the court.”
Helps courts by offering impartial advice, expertise, or information.
Not a party but contributes to justice, clarity, and legal reasoning.
Key examples: MC Mehta environmental cases, Vishaka guidelines.
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