Who is an Advocate on Record?

The legal system in India operates through a hierarchical structure, with the Supreme Court at the top as the highest court of appeal. While advocates generally have the right to appear in various courts across India, the Supreme Court has unique requirements for those who wish to represent clients directly. This unique position is held by individuals designated as Advocates on Record (AORs). 

The title of Advocate on Record in India is a prestigious designation limited to advocates who fulfil specific requirements, allowing them to file cases, represent clients, and perform other legal procedures exclusively in the Supreme Court. This article explores the qualifications, roles, responsibilities, legal framework, and significance of the Advocate on Record designation.

Advocate on Record Meaning

An Advocate on Record (AOR) is an advocate authorised under the Supreme Court Rules, 2013, to act, plead, and file cases directly on behalf of a client in the Supreme Court. As per Order IV of the Supreme Court Rules, 2013, and Article 145(1) of the Indian Constitution, only an Advocate on Record can file an appearance, act, or file a Vakalatnama (a document appointing an advocate to represent the client) in the Supreme Court. If another advocate wishes to address the court, they must receive explicit instructions from an AOR.

The Advocate on Record system is exclusive to the Supreme Court and is intended to ensure that matters reaching the highest court in the country are presented by advocates with substantial experience, training, and knowledge. The system aims to maintain a standard of quality and competence in the proceedings handled by the Supreme Court, ensuring that only advocates who have passed a stringent examination and fulfilled specific conditions represent cases at the highest level.

The Legal Foundation of the Advocate on Record System

The Advocate on Record system has a solid foundation in the Indian Constitution and Supreme Court rules. Article 145(1) grants the Supreme Court authority to frame rules governing practice and procedure, allowing it to set specific standards for those who wish to practice before it. 

Order IV of the Supreme Court Rules, 2013, outlines the eligibility, qualifications, and duties of an Advocate on Record. These rules ensure that only those with adequate training and experience may present cases in the Supreme Court, preserving the quality of representation at the apex level.

The Supreme Court Rules are supplemented by Sections 30 and 52 of the Advocates Act, 1961. Section 30 provides every advocate the right to practice across India’s courts, including the Supreme Court, but Section 52 gives the Supreme Court authority to make rules for advocates’ practice within its jurisdiction. 

Consequently, the Advocate on Record designation is seen as both a constitutional right under the Advocates Act and a regulated privilege restricted to those who meet specific requirements.

Qualifications and Eligibility to Become an Advocate on Record

Becoming an Advocate on Record requires fulfilling several eligibility criteria and a rigorous certification process that includes both practical training and an examination. The qualifications are as follows:

Bar Council Enrollment

An advocate must be enrolled with a State Bar Council, meaning they are legally recognised to practice law in India. The initial years of practice are critical for gaining experience in different courts and building foundational legal knowledge.

Minimum Practice Requirement

To be eligible, an advocate must have completed at least four years of legal practice. These years are intended to provide advocates with practical experience in handling cases, understanding courtroom procedures, and building legal acumen.

One Year of Training Under an AOR

An advocate aspiring to become an Advocate on Record must complete a one-year training period under a senior Advocate on Record. This training period is mandatory and is intended to expose the advocate to the unique aspects of practising before the Supreme Court, including the nuances of filing cases, drafting legal documents, and managing procedural requirements.

Advocate-on-Record Examination

Upon completing the training, an advocate must pass the Advocate on Record Examination conducted by the Supreme Court. This examination assesses the advocate’s knowledge of the Supreme Court Rules, procedures, and various aspects of law essential for effectively representing clients before the Supreme Court. The exam is highly challenging, with a focus on testing the practical, procedural, and substantive knowledge required for Supreme Court practice.

Office and Clerk Requirement

An Advocate on Record must maintain an office within a 16 km radius of the Supreme Court premises in Delhi and employ a registered clerk. This requirement ensures that the Advocate on Record can respond to court notices promptly and manage procedural aspects efficiently.

Roles and Responsibilities of an Advocate on Record

The roles of an Advocate on Record are distinct from those of other advocates, as they involve direct responsibilities in managing cases in the Supreme Court. Some of the key responsibilities include:

Filing Vakalatnama and Legal Documents

Only an Advocate on Record is authorised to file a Vakalatnama on behalf of a client in the Supreme Court. The Vakalatnama is a crucial document that grants the advocate the authority to represent the client. The Advocate on Record also handles the filing of petitions, appeals, and other necessary legal documents.

Receiving Court Notices and Orders

All official communications, notices, and orders from the Supreme Court are directed to the Advocate on Record. This responsibility includes ensuring timely responses to court notices and updating clients on court proceedings and orders.

Filing Special Leave Petitions (SLP)

Under Article 136 of the Constitution, Special Leave Petitions (SLPs) enable the Supreme Court to grant special leave to appeal against any judgment or order. Only an Advocate on Record can file an SLP, making the Advocate on Record essential for cases seeking the Supreme Court’s intervention.

Personal Accountability for Fees

An Advocate on Record is personally liable for all fees and charges payable to the Supreme Court. This responsibility adds a layer of financial accountability, as the Advocate on Record must ensure that court fees are paid promptly to avoid any procedural delays.

Representing Clients in Supreme Court Proceedings

While the Advocate on Record can appoint other advocates to plead on their behalf, they retain overall responsibility for the case. The Advocate on Record provides instructions to junior advocates or non-AORs, supervises the drafting of documents, and ensures the case is represented accurately.

Difference Between an Advocate and an Advocate on Record

An advocate is anyone who has enrolled with a Bar Council and is authorised to represent clients in various courts across India. However, an Advocate on Record has additional qualifications, including specialised training and certification to practice before the Supreme Court. 

While an advocate may argue cases at different levels, only an Advocate on Record has the authority to file cases and represent clients directly in the Supreme Court. Non-AOR advocates may assist and argue in the Supreme Court if instructed by an Advocate on Record but cannot independently file a case.

The Importance of the Advocate on Record System in Indian Jurisprudence

The Advocate on Record system plays a crucial role in maintaining the quality and efficiency of the Supreme Court’s operations. The Advocate on Record requirement ensures that advocates representing clients in the highest court have a minimum level of experience, knowledge, and training, which is essential given the complexity and significance of Supreme Court cases. 

Moreover, the personal accountability and procedural expertise of AORs streamline court proceedings, reducing administrative burden and enhancing the standard of legal representation.

Challenges and Criticisms of the Advocate on Record System

While the Advocate on Record system is intended to ensure quality, it has faced criticism for being restrictive. Some argue that limiting filing rights to AORs creates an additional barrier for advocates and restricts the choice of representation for clients. Critics also contend that the examination process is challenging, which may discourage competent advocates from pursuing the Advocate on Record designation. However, supporters argue that the rigorous standards ensure only the most qualified advocates represent cases at the highest level, which ultimately benefits the justice system.

Can Law Firms Be Registered as AORs?

Yes, law firms can also be registered as AORs if all partners meet the Advocate on Record qualifications. Some prominent law firms in India have partners who are AORs, allowing the firm to represent clients in the Supreme Court. A law firm with AOR-registered partners can file cases, undertake procedural responsibilities, and represent clients at all levels, providing a comprehensive legal service that spans the entire judiciary.

The Role of Supreme Court Advocates-On-Record Association (SCAORA)

The Supreme Court Advocates-On-Record Association (SCAORA) represents the interests of AORs and advocates for their rights within the legal system. SCAORA provides a platform for AORs to discuss and address issues related to their practice, promotes professional development, and serves as a liaison between AORs and the Supreme Court administration.

Conclusion

The Advocate on Record system is a cornerstone of the Indian judicial framework, ensuring high standards of legal representation in the Supreme Court. This designation, governed by stringent eligibility criteria and responsibilities, is essential for upholding the quality of justice delivered by India’s apex court. 

Despite facing criticisms for its restrictive nature, the Advocate on Record system plays an indispensable role in India’s judiciary, promoting accountability, procedural efficiency, and expertise in handling the most complex legal cases. 

For advocates aspiring to practice at the Supreme Court level, achieving the Advocate on Record designation represents a significant milestone, marking a commitment to professionalism and excellence in the pursuit of justice.