Amicus curiae is a legal Latin phrase that literally translates as a friend of the Court. It is a legal term, and the definition is “an impartial advisor”, often voluntary, to a court of law in a particular case.
Amicus curiae is one who helps the Court by providing information or advice with respect to inquiries of law or certainty. That refers to someone, not a party to a case, who volunteers to offer information on the point of law or some other aspect of the case to assist the Court in deciding or in giving any judgement in a matter before it. The person to act as amicus curiae is someone who represents the unbiased will and opinion of our society.
The principle that directs the proper role of a friend of the Court is that the person should serve the Court without likewise going about as a companion to both parties. The person is usually, but not necessarily, or is usually paid for his/her expertise and opinions. The advantage that friends of the Court are allowed to express their perspectives or views on a case is only that: amici curiae reserve no option to show up or to record briefs.
The most common area of need for amicus curiae is in cases that are under appeal or in cases of public interest litigation.
In India, the courts have over and over invited amicus curiae to connect themselves with procedures, by and large including public interest. Thus, the Court is guided not just by the scholastic point of view needed for the specific case yet additionally empowers the Court to have an agreement that would permit them to do equity completely.
Some examples of amicus curiae are as follows: Prashant Bhushan case, in which the Supreme Court asks AG K K Venugopal to be amicus curiae, the senior Advocate and former Solicitor General Gopal Subramanian to be amicus curiae in the Shree Padmanabhaswamy temple case, Supreme Court asking Salman Khurshid to be amicus curiae in Triple Talaq case, Arvind Nigam as an amicus curiae in the BMW hit and run case, etc.
Regardless of whether taking part by leave or by invitation, in an appearance or with brief amicus curiae, a friend of the Court is an asset to the Court as an individual who has limited ability to act.
