How can you become Advocate on Record (AOR) in Supreme Court of India?

The legal landscape in India is very dynamic, with the Supreme Court standing as the apex judicial authority. Within this esteemed institution, the Advocate-on-Record (AOR) system plays a crucial role in ensuring the smooth functioning of legal proceedings. This blog aims to provide a comprehensive understanding of the Advocate-on-Record system in the Supreme Court of India.

What is Advocate on Record (AOR) in Supreme Court of India?

An Advocate-on-Record is a legal professional who is duly registered and authorized to file and handle cases in the Supreme Court of India. The role of AOR sets them apart and provides distinct privileges and responsibilities. To become an AOR, you must meet certain eligibility criteria, including a minimum period of practice and successfully passing the AOR examination that is conducted by the Supreme Court.

According to Article 145(1) of the Constitution of India, the power is conferred to the Hon’ble Supreme Court to make rules for generally regulating the practice and procedures of the court. This includes persons practicing in the court. According to Chapter IV of the Supreme Court Rules, 2013, only an Advocate on Record (AOR) can appear, plead, and address on behalf of a party in the court for a matter. However, if an AOR instructs and the court permits, an Advocate other than AOR can also address the court in a matter. Ideally, not every advocate practicing in the Supreme Court is an Advocate on Record. There are certain set of consitions that needs to be fulfilled.

How can you become Advocate on Record in Supreme Court of India?

To become an Advocate-on-Record (AOR) in the Supreme Court of India, you must follow a specific process and fulfill certain eligibility criteria. Here are the key steps:

1. Eligibility Criteria: You must have practised for minimum 4 years as an advocate in any High Court or the Supreme Court.

2. Enrollment as an Advocate: Before applying for the AOR exam, you must be enrolled as an advocate with your respective State Bar Councils after getting a Law degree.

3. Gain Practical Experience: Engage in a minimum of 10 matters per year as a lead counsel in the Supreme Court or 20 matters per year as a lead counsel in any High Court.

4. Internship with an AOR: Complete a minimum of one-year internship with an AOR who has been practicing for at least 10 years since you intend to become an Advocate-on-Record.

5. Apply for AOR Exam: Once the eligibility criteria are met, you can apply for the AOR examination conducted by the Supreme Court. The notification for the exam is usually released in April.

6. Clear the AOR Examination: The AOR examination is conducted in two parts; a written examination and a practical training. The written exam consists of four papers covering procedural laws, drafting, professional ethics, and practice and procedure of the Supreme Court.

7. Practical Training: After passing the written exam, you need to undergo practical training for a specified period under the guidance of a Senior Advocate designated by the Supreme Court.

8. Enrollment as AOR: Upon successful completion of the training, you can apply for enrollment as an Advocate-on-Record with the Supreme Court.

Roles and Responsibilities of Advocate on Record (AOR)

1. Filing Petitions and Documents: AORs are authorized to file petitions, applications, and other legal documents directly with the Supreme Court on behalf of their clients.

2. Case Management: AORs are responsible for managing cases on behalf of their clients, ensuring that all necessary documents, pleadings, and submissions are prepared and filed accurately and within stipulated timelines.

3. Representation in Court: AORs have the right to represent their clients in the Supreme Court. They present arguments, cross-examine witnesses, and engage in legal proceedings during hearings.

4. Access to Case Records: AORs have privileged access to case records, facilitating thorough preparation and informed representation in court proceedings.

5. Briefing Senior Advocates: AORs often work closely with Senior Advocates and may be responsible for briefing them on the case details, legal issues, and relevant facts.

6. Legal Research: AORs conduct legal research to stay updated of legal developments, precedents, and relevant statutes that may impact their cases.

7. Client Communication: AORs communicate with clients, updating them on case progress, legal strategies, and any developments that may affect the outcome.

8. Drafting Legal Documents: AORs draft various legal documents, including petitions, affidavits, and written submissions, ensuring clarity, accuracy, and compliance with legal requirements.

9. Compliance with Court Procedures: AORs are responsible for ensuring strict compliance with court procedures and rules, avoiding procedural errors that could impact the case.

10. Ethical Standards: AORs are expected to adhere to the highest ethical standards of the legal profession. Any breach of ethical conduct may result in disciplinary action.

11. Advocacy for Clients: AORs are advocates for their clients, representing their interests and seeking legal remedies within the framework of the law.

12. Coordination with Court Registry: AORs interact with the Supreme Court Registry for various administrative matters, including filing documents, obtaining case status updates, and complying with procedural requirements.

13. Continuing Legal Education: AORs engage in continuous learning and professional development to stay updated on changes in law, court procedures, and legal precedents.

14. Assistance in Settlements: AORs may assist clients in exploring and negotiating settlements, aiming to resolve disputes outside the formal court process when feasible.

15. Disciplinary Responsibilities: AORs must adhere to the Advocates Act and Supreme Court Rules and Regulations, ensuring compliance with professional standards and avoiding actions that may result in disciplinary proceedings.

Benefits of Advocate on Record (AOR) System

1. Specialization: The AOR system promotes specialization, ensuring that only seasoned and qualified advocates handle cases in the Supreme Court.

2. Efficiency: Having designated AORs streamlines the legal process, making it more efficient and organized. It also facilitates better communication between the court and the legal representatives.

3. Maintaining Court Records: AORs play a pivotal role in maintaining accurate court records, which is crucial for the transparency and integrity of the judicial system.

In conclusion, the Advocate-on-Record (AOR) system in the Supreme Court of India stands as a cornerstone in the country’s legal framework, embodying a specialized and structured approach to legal representation. This system not only ensures that seasoned advocates handle cases in the highest court but also contributes to the efficiency and orderliness of the legal process. The designation of AOR comes with significant responsibilities, from filing petitions to representing clients in court, and demands a high level of expertise and adherence to ethical standards. While the system may face criticisms related to exclusivity, it undeniably plays a crucial role in maintaining the integrity of the legal profession and upholding the principles of justice. As the legal landscape evolves, the Advocate-on-Record system remains an essential component, fostering specialization, efficiency, and trust in the Supreme Court of India.