Advocate-on-Record system in Supreme Court

GS Paper II

News excerpt: 

The Supreme Court this week pulled up an Advocate-on-Record (AoR) for filing a frivolous case and dismissed the public interest litigation.

About Advocate On Record

Under Article 145 of the Constitution, the Supreme Court is empowered to make rules and regulate its procedure for hearing cases.

  • Only an Advocate on Record (AOR) is authorised to appear, plead, and address the Court in a case, according to Chapter IV of the Supreme Court Rules, 2013.

  • The advocates on record are entitled to practice in any part of India. 

History/Background of Advocate-On-Record

  • The Supreme Court Advocates-on-Record Association was founded in 1985, with its first executive council elected at the General Meeting to manage the affairs of the association.

Criteria  for Appointment as an Advocate-On-Record 

  • The Advocate must be an affiliate of the state Bar Council.

  • The Advocate should not be granted the title of Senior Advocate.

Functions of the Advocate-On-Record

  • All notices, orders, and correspondence are sent to the AOR by the Supreme Court.

  • Only these advocates are entitled to file any matter or document before the SC. 

  • No other High Court in India has a similar provision.

  • A certificate granted by an AOR is essential to file a Special Leave Petition under Article 136 of the Indian Constitution.

  • Only an Advocate on Record (AOR) in India is authorised to file a Vakalatnama before the Supreme Court of India on behalf of a client.

  • An AOR is personally liable for the timely payment of all charges payable to the Court.

Difference between an Advocate, Senior Advocate, and Advocate on Record (AOR):

Conclusion

The Supreme Court’s website on the history of the Court states that the inaugural proceedings of the SC were done after “taking care to ensure that the Rules of the Supreme Court were published and the names of all the Advocates and agents of the Federal Court were brought on the rolls of the Supreme Court.” It is to promote and protect the status of the Advocates practising as Advocates-on-record in the Supreme Court of India.

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