Amicus Curiae means ‘friend of the court’ in Latin. It is an individual or organization who is not a party to a legal case, but offers information, expertise, or insight to assist the court.
The purpose of an amicus curiae is to provide impartial and objective information to the court, which may be relevant to the case and help the court to make an informed decision.
An amicus curiae can file a brief or make an oral argument in court to present their opinions on the case. The decision on whether to consider an amicus brief lies within the discretion of the court.
Supreme Court and the High Courts maintain panels of lawyers who are assigned amicus work in criminal appeals.
Amicus briefs are commonly used in cases of public interest, such as civil rights, environmental issues, or constitutional matters.
Notables cases where Amicus Curiae assisted the courts in India:
- Navtej Singh Johar v. Union of India: The case that dealt with constitutional validity of Section 377 of IPC.
- Vishaka v. State of Rajasthan: The case that dealt with sexual harassment of women at workplace.
- MC Mehta v. Union of India: The case that dealt with pollution of river Ganga.
