The Concept Of Amicus Curae

Coverage of this article

•  Key Takeaways
•  Introduction
•  Roles and Limitations
•  Functioning and Relevance
•  Amicus Curiae in Action
•  A broad Analysis
•  Conclusion

KEY TAKEAWAYS

• Amicus curia is a legal system that has spread to systems of common law and international law, with "friends of the court" providing specialized knowledge to the court.
• Amici curiae are filings that offer courts unique perspectives, study policy issues, and call attention to the consequences of a court's action or inaction. They are used by courts to argue their cases, present evidence, file briefs, and present new information not found in the appealed record.
• Implemented in order to protect against judicial discretion and uphold the rule of law, the "honor of the court" is utilized to render fair decisions in certain situations that are in the best interests of everyone.

 INTRODUCTION

Rome's legal system gave rise to amicus curiae. The English later modified it to fit their own legal framework, and from there, it spread to systems of common law all over the world. The origins of amicus curiae have shifted their attention toward international law in recent years. A person or party who offers the court specialized knowledge on the topic of a particular issue that is being considered by the court is referred to as a "friend of the court," which translates to a person or party. The history of amicus curiae indicates that this occurs almost invariably in the Apex Court’s choices.

An amicus curiae educate the court on contentious legal matters, gathers or organizes facts, or raises awareness of a case-related issue that the court may otherwise ignore. An amicus curiae cannot be a party or an attorney in the case; nevertheless, they must have experience or insight that makes their opinions valuable to the court.

He assists the court by giving information or advice about legal or certainty issues. The phrase "assistant" denotes a non-party to a case who willingly offers information on a legal issue or other pertinent aspects of the case to aid the court in making a decision or passing judgment on the subject at hand. Our community's decisions and opinions are impartially represented through amici curiae.

ROLES AND LIMITATIONS

Their one privilege is only being allowed to comment; that is, the amici curiae have the right to comment on a case, but this is to testify or provide documents. Unless they speak on behalf of

the government, amici curiae must first obtain permission from the court to intervene in the case or the consent of all parties. The suggestions of an amicus curiae have no obligation to be adopted or even taken into account by any court, not even one it has invited.

 According to the theory that regulates the role that is appropriate for them to perform, a friend of the court ought to represent the court without additionally acting as a "friend" to any of the parties. Case law (prior court opinions) has been used in an effort to clarify the usually intricate intricacies of how an Amicus Curiae should not participate in a case.

 As per the Supreme Court, "the cause of justice is paramount, and while keeping the fundamental elements that ensure that as an essential concept and ideal, the process can be sped up, but fast-tracking the procedure must never ever lead to burying the aim of justice."

The Supreme Court, noting that where the death sentence is one of the alternative punishments, the courts must be completely vigilant and ensure that full opportunity is afforded to the accused at every stage, has laid down the following norms to ensure the same:

1) In all matters processed by the High Court involving the confirmation of a death sentence, senior advocates of the Court must first be given consideration for appointment as Amicus Curiae.

 2) Anytime a lawyer is named as an amicus curiae, the lawyer may be given a reasonable amount of time to prepare the case. There can't be any rigid rules in that regard. However, it tends to be acceptable and adequate to allow at least seven days.

[((Bhardwaj 2019)]

 Examples of amicus curiae cases include the triple Talaq case and the Prashant Bhushan scenario, in which the Supreme Court asked AG Venugopala to serve as an Amicus Curiae. In the Shree Padmanabhaswamy Temple case, the senior lawyer and former Solicitor General Gopal Subramanian was appointed one.

 The courts have frequently asked amicus curiae to participate in cases in India, usually when the public interest is at stake. As a consequence, the court is guided not only by the intellectual viewpoint necessary for the specific case but also has the power to come to a decision that would enable them to completely exercise equity.

 Functioning and relevance 

The amicus curiae must balance offering new information with supporting the interests of one party. She or he cannot, for example, raise matters that the parties themselves do not raise since the parties and their counsel are responsible for doing so. Amici curiae may argue their cases, present evidence, and file briefs (also known as amicus briefs) if the court grants permission.

[ (Jost 2001)]

 Amici curiae's original function as objective third parties has substantially broadened, and amicus briefs now serve a variety of purposes.

They offer courts unique perspectives, study policy issues, reflect legal opinions, and call attention to the consequences of a court's action or inaction. In addition to arguing for or against the sections of the parties' appealing briefs, amici usually provide new information not found in the appealed record and give fresh arguments when expressing their positions. It is unclear whether appellate courts should use this material, as it has been both commended and condemned.

The Indian courts routinely requested or granted amicus curiae participation from various parties during hearings. Practitioners are beginning to lean more and more toward academics, which is a growing trend. Anil Rai, a former corporate partner of Luthra & Luthra who is currently a visiting professor at the National Law University in Delhi, as well as a large number of other individuals with the necessary training to conduct such academic interventions, are among the academics with practical experience who are currently available in India. These instances highlight a promising development that can encourage the sharing of legal knowledge between the academic and commercial sectors. These amicus briefs can advance the public's interest while also assisting these academics in gaining recognition and seeking future employment in the relevant field. [(kumar n.d.)]

 AMICUS CURIAE IN ACTION

Courts commonly appoint amicus curiae when rendering a ruling in a case involving a serious crime. This procedure is frequently used by courts to reach a swift decisionse involving a serious crime. This procedure is frequently used by courts to reach a swift decision. Even though there is no objective standard to determine whether the offense is serious in character, courts frequently ask for amicus curiae declarations in special situations when they believe the judgment should be decided with extra care and caution.

[5 Supra, at 3]

 A self-conscious bench has encouraged group representation through the amicus curiae as a way to promote political third-party engagement. Amicus curiae involvement has been the primary lobbying strategy employed by interest groups because it enables organizations to affect public policy.

Additionally, the establishment of enduring legal precedents for the defense and development of free, independent, and diverse media ecosystems can be greatly aided by amicus curiae interventions, or so they thought. They can also, for all intents and purposes, serve as a crucial advocacy and instructional tool for courts, attorneys, and society at large, which is really quite significant. They can literally attract attention to a situation where the right to free speech or the safety of journalists specifically is at risk, which kind of shows that the establishment of enduring legal precedents for the defense and development of free, independent, and diverse media ecosystems can particularly be greatly aided by amicus curiae interventions, which is quite significant.

[(izarova 2019)]

 A BROAD ANALYSIS

 The Amicus Curiae has advanced the most significantly in common-law nations. Since the 1990s, the use of the Amicus practice has significantly increased in all common law countries, including the United States ("U.S."), Canada, England, Australia, South Africa, Ireland, New Zealand, Singapore, and Israel.

[(farber n.d.)]

The development in the acknowledgment and acceptance of amicus briefs in several civil law jurisdictions can be attributed to two primary trends. The first trend sees legislation, court rulings, and guidelines explicitly recognizing and acknowledging amicus briefs due to the increasing internationalization of procedural law. The second trend, even though civil law courts have not officially adopted any tools to receive amicus briefs, involves the frequent filing of such briefs by non-governmental organizations (NGOs), which provide court papers across the globe in almost every region. These trends have played a significant role in shaping the evolution of civil law procedures and can be seen as a response to the globalization of legal issues.

 The interests that various parties to the case have actually expressed may actually be very specific in a subtle way. This determines the legal position and particularly complex rights and duties of different persons in procedural relations, demonstrating how the interests that various parties to the case have kind of expressed may really be rather basically specific in a for all intents and purposes big way. In order to for all intents and purposes ensure the principle of openness and publicity, persons who essentially are not fairly interested in the case and who for all intents and purposes have not been actually admitted to mostly stand trial by the court may typically attend a court session in the courtroom in a fairly major way. However, this fact imposes a kind of certain set of rights and obligations on them, generally such as to essentially abide by the conduct rules and to basically hear everything definitely said in the meeting, which is fairly significant.

 CONCLUSION

Amicus briefs are often used in modern litigation, particularly in appeals involving significant stakes. These are essential in promoting open courts, providing courts with access to a variety of viewpoints from various parties, and educating courts about the effects of their decisions on other people and society at large. They typically use studies, statistics, and other legal evidence to back up their policy claims.

As a tradition dating back centuries, the "honor of the court" has served to deliver just judgments in specific circumstances but also in the interest of everyone in order to keep the evolution of a reason for moving forward the legislation "as a safeguard against judicial discretion and for the maintenance of the rule of law".[(jain n.d.)]