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A 'friend of the court' — a non-party expert appointed by the court to provide unbiased legal assistance in complex cases.
Amicus Curiae is a Latin term meaning 'friend of the court'. It refers to a person, group, or organization who is not a party to a legal case but is appointed by the court — typically a senior advocate or domain expert — to offer information, expertise, or unbiased legal assistance. The amicus does not represent either side; instead, the role is to help the court arrive at a just decision, particularly in complex cases, Public Interest Litigations (PILs), suo motu proceedings, or cases where a party (often an indigent accused) is unrepresented. In India, the Supreme Court and High Courts frequently appoint senior advocates as Amicus Curiae under their inherent powers and the Supreme Court Rules, 2013.
Type: ConceptNot a party to the case — The amicus has no personal or legal stake in the outcome and does not represent either the petitioner or the respondent
Appointed by the court, not hired by parties — Unlike a regular advocate, the amicus is requested by the judge through a formal order
Usually a Senior Advocate — In India, amicus appointments typically go to designated Senior Advocates with proven expertise in the relevant area of law
Provides neutral, unbiased assistance — Offers balanced legal analysis, often citing case law, statutes, and constitutional provisions to all sides of the issue
Generally pro bono — Serves without fees from parties; the court may direct a nominal honorarium from the State or Legal Services Authority in some cases
Used in complex or sensitive matters — Common in PILs, constitutional bench matters, suo motu cases, and criminal cases involving unrepresented accused
Frequency: Appears regularly in UPSC Mains GS-2 (Judiciary section) and Personality Test rounds; consistently tested in judicial services prelims and in current affairs questions about landmark constitutional cases.
The concept of Amicus Curiae originated in Roman law, where neutral experts assisted judges on complex points of law. It was absorbed into English common law and reached India through the colonial legal system. The institution gained real prominence in post-independence India with the rise of Public Interest Litigation in the late 1970s, when judges like P.N. Bhagwati and V.R. Krishna Iyer expanded the Supreme Court's role in protecting fundamental rights. Today, amicus appointments are routine in constitutional bench matters, environmental litigation, and human rights cases.
Concept of 'amicus curiae' emerges in Roman legal tradition
Adopted into English common law courts
Practice imported into colonial Indian courts via the English legal system
Rise of PIL in India (Hussainara Khatoon case, S.P. Gupta case); amicus appointments become routine
Harish Salve appointed amicus in M.C. Mehta v. Union of India (Taj Trapezium case) — one of India's longest-running amicus engagements
T.R. Andhyarujina serves as amicus in the Aruna Shanbaug passive euthanasia case
Gopal Subramanium appointed amicus in the Sabarimala Constitution Bench case
Senior advocates appointed amicus in the Supreme Court's suo motu proceedings on the Manipur ethnic violence
Article 32
Empowers the Supreme Court to issue writs for enforcement of fundamental rights; amicus is often appointed in such PILs to assist the bench
Article 136
Special Leave Petition jurisdiction of the Supreme Court; amicus may be appointed in significant SLPs raising constitutional issues
Article 142
Allows the Supreme Court to pass any order necessary for 'complete justice' — the broad constitutional basis for amicus appointments
Article 39A (DPSP)
Directs the State to provide free legal aid; amicus is frequently appointed for indigent accused under this principle
Article 21
Right to fair trial as part of right to life; unrepresented accused must be provided counsel, often through amicus appointment
Section 304, CrPC (now Section 341, BNSS, 2023)
Provides legal aid to accused unable to engage a lawyer; courts routinely appoint amicus under this provision
Supreme Court Rules, 2013 (Order IV)
Governs designation and functioning of Senior Advocates, the pool from which amici are typically drawn
Appointment and functioning of an Amicus Curiae follows a structured judicial process in India.
Step 1: Identification — The bench identifies a case needing amicus assistance (constitutional bench matter, PIL, suo motu case, or unrepresented accused)
Step 2: Selection — The presiding judge (often the CJI in major matters) selects a Senior Advocate known for expertise in the relevant area of law
Step 3: Formal Order — The court passes a written order appointing the advocate as Amicus Curiae and outlining the scope of assistance
Step 4: Case Study — The amicus studies pleadings, case files, relevant precedents, statutory provisions, and constitutional issues involved
Step 5: Submissions — The amicus files written notes/briefs and presents oral arguments before the bench, often distilling complex issues
Step 6: Independent Role — The amicus offers balanced views, which may sometimes go against the positions of all parties in the case
Step 7: Honorarium (if directed) — In long-running or labour-intensive matters, the court may direct the State or Legal Services Authority to pay a nominal fee
Harish Salve in M.C. Mehta v. Union of India (Taj Trapezium case)
Salve has served as amicus for decades in this continuing environmental matter dealing with industrial pollution around the Taj Mahal — one of India's longest-running amicus engagements, leading to closure/relocation of polluting industries in the Taj Trapezium Zone.
Gopal Subramanium in Indian Young Lawyers Association v. State of Kerala (Sabarimala case, 2018)
Subramanium assisted the Constitution Bench on the constitutionality of barring women aged 10-50 from entering the Sabarimala temple, offering crucial analysis on Articles 14, 15, 17, and 25-26.
T.R. Andhyarujina in Aruna Shanbaug v. Union of India (2011)
Appointed amicus in the landmark passive euthanasia case where the Supreme Court laid down guidelines for withdrawal of life support, paving the way for the 2018 Common Cause judgment on the right to die with dignity.
K. Parasaran in M. Siddiq v. Mahant Suresh Das (Ayodhya Title Suit, 2019)
The nonagenarian former Attorney General played a key advocacy role in the historic Ram Janmabhoomi-Babri Masjid title dispute, demonstrating how senior counsel can shape constitutional outcomes.
Senior advocates in Manipur Violence Suo Motu case (2023-24)
Multiple senior advocates were appointed amicus to assist the Supreme Court in monitoring relief, rehabilitation, and investigation following ethnic violence in Manipur, illustrating the role of amicus in suo motu human rights matters.
| Aspect | Amicus Curiae | Intervenor | Party |
|---|---|---|---|
| Initiation | Appointed by the court | Applies to court to join a pending case | Files or defends the case directly |
| Stake in Outcome | None — neutral assistant | Indirect interest in outcome | Direct legal interest |
| Role | Provides expert and unbiased view to the court | Argues a specific position aligned with one side | Argues own case as petitioner/respondent |
| Typical Identity | Senior Advocate or domain expert | Affected individual, NGO, or organization | Petitioner / Respondent / Accused |
| Fee | Pro bono or nominal honorarium from State | Bears own legal costs | Bears own legal costs |
| Bound by Decision | Not bound — not a party to the case | Generally bound on points intervened upon | Fully bound by the judgment |
Amicus Curiae is a vital institution that strengthens the quality of justice in India. In Public Interest Litigations, where the petitioner may lack resources or specialised expertise, the amicus brings rigorous legal analysis to the bench. In suo motu cases — where the court itself initiates proceedings — the amicus becomes essential, as there is no formal petitioner. For unrepresented accused, especially the poor in criminal trials, the amicus operationalises the constitutional promise of free legal aid under Article 39A read with Article 21 (right to fair trial). More broadly, the institution upholds the integrity of the adversarial system by ensuring that complex matters of public importance receive expert input from neutral voices, not just from parties with vested interests. It also reflects the higher judiciary's evolution into a constitutional guardian rather than merely a dispute-resolution forum.
Amicus Curiae = Latin for 'friend of the court'
NOT a party to the case; appointed by the court, not hired by parties
Usually a Senior Advocate with expertise in the relevant area of law
Common in PILs, suo motu matters, constitutional bench cases, and unrepresented accused cases
Article 142 ('complete justice') is the constitutional basis for SC amicus appointments
Section 304 CrPC (now BNSS Sec. 341) + Article 39A + Article 21 link amicus to legal aid for indigent accused
Famous amici: Harish Salve (Taj Trapezium), Gopal Subramanium (Sabarimala), T.R. Andhyarujina (Aruna Shanbaug), K. Parasaran (Ayodhya)
Different from Intervenor (applies to join) and Party (has direct legal stake in outcome)
Amicus Curiae is a Latin term meaning 'friend of the court'. It refers to a neutral expert, usually a Senior Advocate, appointed by a court to assist it in deciding a complex case, without representing any party.
The court itself — the Supreme Court of India or the High Courts — appoints the Amicus Curiae. The appointment is made by the bench hearing the matter through a formal order, and litigating parties have no role in this selection.
No. An Amicus Curiae cannot represent any party to the case. The role is strictly neutral — to assist the court with legal expertise, precedents, and unbiased analysis, not to advocate for either side.
Usually no. An Amicus Curiae typically serves pro bono (without fee). In long-running or labour-intensive cases, the court may direct the State or Legal Services Authority to pay a nominal honorarium.
A Public Prosecutor represents the State in criminal cases and argues for conviction of the accused. An Amicus Curiae is neutral — they neither prosecute nor defend, but assist the court with unbiased legal expertise.