What is Amicus Curiae?
- In simple language, “amicus curiae” means “friend of the court”.
- Amicus Curaie is required in following situations
#1 Helping in PIL
- In many high-profile PILs, the courts appoint an amicus curiae, to assist them in formulating a viewpoint and to make inquiries and reports.
- In several major PIL judgments on prison reform, terrorism, environment, mentally deficient litigants, freedom of the media, unauthorised occupation of government premises and unauthorised constructions, decisions have been based on the assistance provided by the amicus.
#2 Doing Investigation
- There is another kind of amicus curiae, appointed in cases that are not PILs, where important questions of law are involved and both parties are represented but the court still wants a senior lawyer to assist it. (e.g. Supreme Court appointed Raju Ramachandran as amicus to investigate allegations of Narendra Modi’s complicity in the Gujarat riots.)
#3 Defending the accused
- The “traditional” amicus curiae is the one who is asked to represent the accused in a criminal appeal.
- This happens in two situations:
- when the Accused is too poor and/or requests the court to provide him a lawyer (for example same Raju Ramahandran defending Kasab.)
- or when the criminal does not engage his own lawyer to defend him against the State. (For example members of the LTTE refused to represent themselves in Indian court)
- Supreme Court and the high courts maintain panels of lawyers who are assigned amicus work in criminal appeals.
- The Supreme Court has mandated that legal aid, that is, a lawyer representing a poor accused, is a must in criminal cases.
Ref
http://www.indianexpress.com/news/a-friend-and-lawyer/997812/0
Ecellent presentration ……………………………….
thanx Mrunal… an ultimate GA this was…..
thank you sir
Mr. Mrunal, it would be extremely kind on your part, if you enhance the level of your presentability and spoken english. It is better to read aricles from wikipedia and other sources for their language is much more decent and errorfree. Improve the presentability of your articles.
bhai bolne sethoda soch liya karo kya bol rahe hai
@vatsal
kindly dont play your jokes here….its time to be sincere and serious
@vatsal – What’s you problem boss?.. He is doing great job for around two years.. Let him continue the same, dont deter him.
@vatsal
Yar isse easy nd presentable articles kahi nhi ho sakte.
i cannot say anything about you……….
ABE HUME TOEFL NAHI DENA UPSC DENA HAI ENGLISH VALI :p
Vatsla,
Many students including me are getting benefits following Mrunal Sir’s article.
If you don’t like the articles or language, you may stop following it.
Kindly coordinate and look for other alternatives instead of criticizing here.
Bhai Vatsal,tu khud likh le , Mrunal publish kardega if its quality work.
Mrunal is a grt guy and ppl like u are d curse on society who always prevent good ppl in their work ….mrunal is spreading education absolutely free in this capitalist world ..but stil u have problem …
Mrunal please ckeep continuing in this lucid style i luv it and doesnt make the article brong like at wikipedia and has critical info imp from UPSC POV unike wiki and dont pay heed to people like vatsla
i am not agree to vastla singh.if he says that presentability of mrunal sir is not effective then go to market and you will find several material .JO PADHNE ME ACHHA LAGTA HAI PER DIMAG ME KUCH NAHI JATA.so plz carry on with more simply words.thank you sir
Quite Informative! Thanks.
Presentation is just awesome! No further modification is required. In fact, your lucid presentation is one of your USPs.
very gud presentation sir. Please keep posting such things in your lucid and effective manner. On ething i must say the articles you write here are much easier to recall than any other source.
Keep it up.
Thanks
Mrunal your articles are really helpful and informative for one who is preparing for exams thanks a lot
mrunal’s presentation is the best compared to the best of coaching even in delhi.
I remember how in atleast 2 questions in this year’s pre I could clearly recall what mrunal explained
I think Ms. Vatsla Singh is quite possibly a teacher and is living on a different planet altogether.
Madam, This is not your school where you can correct notebooks and give your harsh remarks !
I may be wrong but from my perspective, Mrunal is writing his heart and mind out, he is not providing a service to you, me or others.
Respect that, whatever knowledge you receive here is an added bonus and not part of any package deal.
Kudos to Mrunal, keep the pen flowing…..Superb initiative mate
Looking forward to your next masterwork
excellent presentation sir,really vry easy to understand nd recall them .thnks for giving such informative knowledge .
extremely useful
Sir I think you also knw person like vatsal. These are jealous person.. Keep the gr8 wrk Sir, you are an unsung hero in many life of us for sure….
can you please explain that why there was no need of a parliamentary approval in FDI in retail sector , whereas it requires a parliamentary approval for FDI in pension sector …
I am sorry as this being an irrevelant question under this topic .
Thanks
MRUNAL SIR, U R DOING A GR8 JOB. PL CONTINUE IT FOR BECAUSE ITS USEFUL FOR SERIOUS ASPIRANTS..
Hi Tilak,
Recent notification by GOI to increase FDI cap in Pension and Insurance sectors requires parliamentary approval because they are already LAWS made by parliament previously, but FDI in retails does not require P approval because there exists no law of parliament. In simple if we need to amend a law (which has been voted by Parliament)again parliamentary approval is required.
yohomo ….. mrunal
@vatsal
dear vatsal you appears to be extraordinary,plz you start writing…. then we would rate you…
big thanx to Mrunal sir, awesome job you have done sir …..God bless you…keep doing
vatsal get ur brain checked .. i think something is seriously wrong with u
I hardly comment anywhere on internet….but I must say that this vatsal guy or girl whoever he/she is, needs to get proper treatment before its too late.
lolzz .. agreed Dev !
Plz answer Mrunal…..why an amicus curiae(or even any INDIAN) like to fight kasab’s case.I mean to say How come SC helping the accused in this way.isnt it just a formality to give the help of legal counsel.
Very nice article thanks Mrunal
I would like to do mock tests for Civil service (Prelims) and SSC CGL. Which sites do you recommend???
really a great help ,sir…..
really a good one .thank u sir . why can’t we ignore comments from vatsla singh types.