amicus curiae

An amicus curiae is appointed by the court, or allowed by it, to give independent assistance on a question of law or fact. The amicus is not a party and does not represent any party, though in practice courts often appoint a senior advocate as amicus to argue a point that is not being properly argued, or to assist in public interest litigation.

In criminal cases, courts also appoint an amicus (or legal aid counsel) to defend an unrepresented accused, as the right to counsel under Article 21 requires. Large PILs on the environment, prisons and road safety have been shaped by amicus reports.

Example

Because the convict in the jail appeal had no lawyer, the High Court appointed a senior advocate as amicus curiae to argue his case.

See also

public interest litigation · legal aid · advocate · suo motu

Read more in the study notes

• Drafting a memorandum of understanding, petitions and PIL (Business Communications)
• Public interest litigation and the role of the judiciary in environmental protection (Environmental Law)
• The Family Courts Act and the Uniform Civil Code (Family Law II - Mohammedan Law)
• Public interest litigation: origins, doctrine and limits (Judicial and Legislative Process)
• Duties of an advocate to the court (Professional Ethics)