Amicus curiae

Amicus curiae means friend of the court. It describes a person who is not a party to the case and who assists the court, at its request or with its leave, on questions of law or fact. In Indian practice the amicus is usually an advocate, often a senior advocate, and sometimes the Attorney General or Solicitor General, appointed by the court.

The role is to help the court reach the right decision, not to win the case for any side. The amicus therefore owes a duty to the court, presents the law fairly including points against any party, and may propose guidelines or remedies. Courts appoint amici in public interest litigation, in matters begun on letters or telegrams treated as petitions, in references raising questions of general importance, and where a party is unrepresented. For example, in Vishaka v. State of Rajasthan (1997) Fali S. Nariman appeared as amicus curiae, and in D.K. Basu v. State of West Bengal (1996) Dr. A.M. Singhvi assisted the Court in that capacity.

An amicus must be distinguished from other persons who appear. An advocate assigned to an accused at State expense under Section 341 of the BNSS represents the accused and acts in his interest. An intervener joins a case because his own interests may be affected. A Public Prosecutor represents the State. The amicus represents no one. Courts may, however, ask the amicus to examine records, visit places or report on facts.

No statute defines the term, and its use rests on the inherent powers and practice of the courts. Examiners ask for the literal meaning, its use in public interest litigation, and the difference between an amicus and counsel for a party.