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Mohini Pandey   03 September 2024

Amicus curiae

In a highly publicized environmental case, the Supreme Court of India was tasked with determining the legality of a new industrial project near an ecologically sensitive area. The case involved complex environmental and scientific data, which the judges found challenging to interpret. Recognizing the need for expert assistance, the court appointed Dr. Radhika Rao, a renowned environmental scientist, as an Amicus Curiae to provide independent advice on the potential environmental impact of the project. However, one of the parties contested Dr. Rao’s appointment, arguing that her past affiliations with environmental NGOs might bias her views. What is the role and responsibilities of an Amicus Curiae in legal proceedings. How does the court ensure that the advice provided by an Amicus Curiae is impartial and free from bias? Should past affiliations of an Amicus Curiae disqualify them from offering expert advice in a case, or can the court mitigate potential conflicts of interest?



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 2 Replies

Saloni Pande   03 September 2024

“Friend of the court” also know as Amicus Curiae, has an important role in legal proceeding particularly in complex cases where specialize knowledge is required. To understand intricate legal or any scientific issues an Amicus Curiae is appointed to provide independent advice and expertise to assist the court.  In a recent Supreme Court case regarding environmental case where Dr. Radhika Rao was appointed to evaluate the potential impact on environment due to an industrial project near an ecologically sensitive area.  Advising the court on ensuring the court has a comprehensive understanding, presenting unbiased opinions or any relevant legal matters for the implications of the court was her primary responsibilities.

Qualifications and backgrounds of potential Amici Curiae is typically scrutinized for avoiding impartiality and minimum biasness. Past affiliations may be considered to the individual expertise while weighing them against the necessity for specialized knowledge. In the case of Dr. Roa’s, concerns regarding the affiliations with environmental NGO’s were raised. Here the court can mitigate any potential conflict of interest by requiring full disclosure of any previous associations and assessing their relevance to the case at hand.   

Amicus Curiae should not automatically disqualify past affiliation from offering any expert advice. Appointing multiple Amici with diverse persepective or requiring the Amicus to disclose any conflicts of interest. While maintaining a fair and balanced evaluation of the evidences presented, the court will benefit while taking this approach from the expertise of Amicus while maintaining fair balanced evaluation of the evidence presented.

The Amicus Curiae being appointed ultimately serves to enhance the court’s understanding and ensure that justice is done in cases of significant public interest.  The court can uphold the integrity by carefully selecting Amici and managing the potential biases for the judicial process while benefiting from the specialized knowledge that are provided by these experts.  These are essential to balance the implications of courts decisions that extend beyond the immediate parties involved, affecting broader societal interest

 

 

This balance is essential in cases where the implications of the court's decision extend beyond the immediate parties involved, affecting broader societal interests, such as environmental protection and public health.

T. Kalaiselvan, Advocate (Advocate)     03 September 2024

You have posted the same question twice in the experts section, hence for knowing more answers you may visit that thread


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