Amicus Curiae in India

The concept of Amicus Curiae (friend of the court) is a pivotal aspect of judicial systems worldwide, including India. An amicus curiae is an impartial adviser, often a legal professional or an organisation, appointed to assist the court in complex legal matters. Their role is important in ensuring justice is served, especially in cases involving intricate legal questions or significant public interest. This article explores the role, appointment and impact of amicus curiae in the Indian judicial system, supported by notable case examples.

Definition of Amicus Curiae in India

The term “amicus curiae” originates from Latin, meaning “friend of the court.” It refers to someone who is not a party to a case but offers information, expertise or insight that bears on the issues in the case. The primary function of an amicus curiae is to provide a court with a broader perspective, often bringing in arguments and information that the direct parties in the case might overlook.

In India, the role of amicus curiae has evolved significantly, becoming a vital part of the judiciary’s endeavour to uphold justice. Historical cases have seen amici curiae assist in matters ranging from constitutional interpretation to human rights issues, underscoring their importance in the legal landscape.

Appointment and Procedure

The appointment of an amicus curiae in India can occur in various ways. The court may appoint an amicus curiae when it feels the need for an expert legal opinion or when a party is unrepresented. Sometimes, individuals or organisations volunteer to act as amici curiae. The Supreme Court and High Courts in India often appoint senior advocates with substantial experience and expertise as amici curiae.

Procedure for Appointment:

1. Court’s Discretion: The court has the discretion to appoint an amicus curiae. This appointment is typically made through an official order.
2. Selection Criteria: The selected individual is usually a senior advocate or a person with significant expertise in the relevant field of law.
3. Fee Structure: The appointed amicus curiae is entitled to a fee, which varies depending on the stage of the case. For instance, an advocate appointed as amicus curiae may receive ₹6000 at the admission hearing stage and ₹10000 at the final disposal stage or regular hearing stage. These fees are determined by the chief justice or the court.

Role and Functions of Amicus Curiae in India

The amicus curiae serves several essential functions in the Indian judicial system:

1. Advising the Court

The primary role of an amicus curiae is to advise the court on legal matters. They provide unbiased opinions, helping the court navigate complex legal issues. For instance, in constitutional matters, amici curiae often present interpretations that ensure the protection of fundamental rights.

2. Representing Unrepresented Parties

In cases where a party is unrepresented, the court may appoint an amicus curiae to ensure fair representation. This practice ensures that the unrepresented party’s interests are adequately protected and that the court has a comprehensive understanding of the case.

3. Providing Expertise and Insight

Amici curiae bring specialised knowledge and expertise to the court. In cases involving technical or specialised fields, their input can be invaluable. For example, in environmental cases, an amicus curiae with expertise in environmental law can provide important insights that aid the court’s decision-making process.

Notable Case Examples of Amicus Curiae in India

1. Md. Sukur Ali v. State of Assam

In this case, the counsel for the accused did not appear before the court. The question was whether the court could appoint an amicus curiae to defend the accused. Emphasising Articles 21 and 22(1) of the Indian Constitution, which guarantees the right to life and personal liberty and the right to be defended by a legal practitioner, the court appointed an amicus curiae to ensure the accused’s fair trial. This case highlighted the judiciary’s commitment to upholding constitutional rights.

2. Ali Ibrahim v. State of Kerala

This case involved a significant financial fraud, where unknown persons defrauded the plaintiff of ₹63 lakhs. Given the grave nature of the case, the court-appointed an amicus curiae to assist in the investigation. The amicus curiae’s recommendations on involving the Central Bureau of Investigation (CBI) and excluding the National Investigation Agency (NIA) were accepted, demonstrating the role’s impact in complex investigations.

3. Manoj Narula v. Union of India

In this case, the court addressed the legality of appointing individuals with criminal backgrounds as ministers. The appointed amicus curiae provided insights on this matter of significant public importance. Their recommendations led to the Union Government being asked to file an affidavit, showing the role’s influence in matters affecting public governance and ethics.

4. Public Union for Civil Liberties v. State of T.N.

This case dealt with the issue of bonded labour. The court appointed Kapil Sibal as amicus curiae to assist in implementing the Bonded Labour System (Abolition) Act, 1976. The amicus curiae’s role involved coordinating with states to organise surveys and ensuring compliance with legal provisions, highlighting their role in social justice cases.

Impact of Amicus Curiae on Indian Jurisprudence

The involvement of amici curiae has significantly impacted Indian jurisprudence, contributing to more informed and balanced judicial decisions. Their expertise and impartiality help courts in several ways:

• Enhancing Judicial Understanding: Amici curiae provide courts with comprehensive legal and factual analyses, enhancing the judiciary’s understanding of complex issues. Their input is particularly valuable in cases involving intricate legal principles or significant public interest.
• Ensuring Fair Trials: By representing unrepresented parties, amici curiae help ensure that all parties receive fair trials. This practice upholds the principles of natural justice and equality before the law.
• Influencing Public Policy: In cases with broader social implications, the recommendations of amici curiae can influence public policy. Their input can lead to legal reforms and changes in administrative practices, reflecting the judiciary’s proactive role in governance.

Challenges and Criticisms

Despite their benefits, the role of amicus curiae is not without challenges and criticisms:

• Potential Bias: While amici curiae are expected to be impartial, there is always a risk of bias, especially if the individual has prior affiliations or interests related to the case.
• Resource Constraints: The involvement of amici curiae can increase the time and resources required to resolve a case. Courts must balance the need for thorough legal analysis with the need for timely justice.
• Overreliance: There is a risk of overreliance on amici curiae, which can undermine the role of the actual parties in the litigation. Courts must ensure that amici curiae supplement, rather than overshadow, the arguments presented by the litigants.

Conclusion

The concept of amicus curiae in India plays an important role in the judicial process, offering expert legal opinions and ensuring fair representation. Through their impartial advice and specialised knowledge, amici curiae contribute to the judiciary’s goal of delivering justice. While there are challenges and criticisms associated with their role, the overall impact of amici curiae on Indian jurisprudence has been positive, fostering a more informed and equitable legal system.

As the legal landscape evolves, the role of amicus curiae will continue to be vital in addressing complex legal issues and upholding the principles of justice and fairness. The judiciary’s ability to adapt and effectively utilise this institution will be key to its success in navigating future legal challenges.