Supreme Court Guidelines for Advocates-on-Record
In India, all registered law practitioners are not entitled to dispute a case before the Supreme Court, only a few designated lawyers have the right to file a petition with the SC. These lawyers, termed as advocates-on-record (AoRs), get the privilege after clearing a special SC examination.
Rights and Duties of an Advocate-on-Record
Some special duties and privileges of Advocates-on-Record established by the Supreme Court of India are:
- No advocate other than an AoR may file an appearance in the Supreme Court.
- No advocate other than an AoR may plead in any matter with the SC, unless s/he is instructed for the same by an Advocate-on- Record.
- An AoR is entitled to conduct and prosecute all proceedings of a case before the Supreme Court. S/he is also authorized to deposit and accept money on behalf of the party of the case.
- An Advocate-on-Record mandated to accompany a Senior Advocate in the Supreme Court, for the latter to make a claim.
SC Ruling on Advocates-on-Record
In March 2010, the Supreme Court recently passed a judgment to review guidelines about the role and responsibilities of AoRs. The issue attracted the Supreme Court’s attention as thousands of petitions were being filed by AoRs without much consideration. The court bench, comprising of Justices Aftab Alam and B S Chauhan, pointed out that several AoRs have resorted to signing petitions as a mere procedural formality. As a result, many Advocates-on-Record fail to attend hearings and take responsibility for conducting the case. Such a practice is tantamount to disservice to the Indian judiciary as it impedes effective administration of justice.
Supreme Court Judgment: Improving the Efficacy of AORs
An association of non-AoR lawyers suggested before the Supreme Court to mandate the presence of an AoR during the hearing. Furthermore, it suggested that every petition filed with the SC must have a signed statement by the AoR confirming that s/he has read and verified its contents.
The suggestions were agreed by the Supreme Court Bar Association (SCBA) interim board to a great extent, which proposed certain amendments. The SCBA emphasised that some proposals were rigid, which may impede the smooth operation of the court. For instance, a session may have to be adjourned altogether if an AoR is late.
So far as the Hon'ble Supreme Court guidelines for AOR is concerned, I personally feel that to save the time of the apex court of our country, there is need for lawyers who are aware of the practice and procedure of the S.C. for drafting, filing and all other purposes of a case. And to fulfill that purpose, there are provisions for AORs. But as it is not possible for the limited numbers of AORs to look after every case which is filed under their signature, therefore, practically, it became a mere farmality.
I am preparing for AOR examination and therefore, now while prepration, I feel that one who practice before the Hon'ble Apex Court must know the basics of everything required for the aforesaid purposes. The Hon'ble S.C. said:
"As a result, many Advocates-on-Record fail to attend hearings and take responsibility for conducting the case. Such a practice is tantamount to disservice to the Indian judiciary as it impedes effective administration of justice."
True, but this is what the situation is.....but because of the large no. of cases qua the no. of AORs, it is not possible to curb out this problem.
Hi,
This is Advocate Shweta.....I found this site worth accessing for lawyers....
I am very glad to see this website, its very useful for Legal News, Cases & current affairs.I wanna become a AOR, if anyone know about any Ld. AOR, who gives One year Training, please inform me.
Thanks & Regards
Nadeem Qureshi
(Advocate)
Advocate Shweta: Thank you for sharing your thoughts in detail and giving feedback on the post. We would love to have you write for our readers on LawIsGreek. You can share your expertise, knowledge and perspectives on any topic that has legal relevance. We hope you will continue giving us feedback too.
Thank you, Advocate Nadeem for visiting us and giving us your suggestions. You can send us your mail id so that we can be in touch and clarify the queries you have on AOR exams. Feel free to write on any legal topics on which you have legal expertise and knowledge. Our readers would find your inputs very informative and useful. We trust that you will continue giving us feedback and send us whatever queries you have too.
Hello,
I have seen the feedback today. Thanks for the appreciation and proposal to share my views and knowledge on legal issues with your readers. I would really love to do that. Kindly let me know if you want to give information on any particular topic to your readers, like, matrimonial, property, consumer, contract, etc.
Shweta Pankaj,
Advocate
@Sheweta: Any of the topics of your choice can be written on. We look forward to information on matrimony and property laws and cases too. We hope to hear from you soon.
@Anand: Thank you for your feedback, feel free to comment and share queries on our Facebook Fan page too, where you will definitely get various inputs from professionals in the field. As of now, we have no other information to help you to address your query but we hope to feature updates on the exam whenever possible. All the best!
Hi All,
this is a nice site n the efforts of the site reporters as well as the poeple who share like Shweta Pankaj ji and all is very interesting and inspiring and like Mr.Nadeem raised even i am interested in pursuing this exam and also would like to know any information on how to go about and the seniors, and would like to get into IT/Telecom/Corporate and i would like to know the reactions/sugestions/advice from experienced people from lawisgreek and Shweta Pankaj ji and anyone plz do help me .
thanks in advance
regards
anand.
Can anyone tell me what a person should do if any lawyer issues a legal notice to you based on false grounds. is there any section of any act which restricts any practising lawyer in India to harass any Indian citizen by issuing legal notice on false grounds.
plz tell the procedure of AOR
i want to become a AOR
i want to know further information about AoR... !!
i want to know further information about AoR and its exam...!!
your comment on the topic of AoR is worth knowing , i have been an advocate for 5 years both in the district as well as in the high court , i would like to know about the AoR exams and how many times is it held , yearly or once in 3 yrs , i would be glad if you could give me some idea on it
very good
tell the procedure and date of exams
i m a criminal lawyer,and i am practicing at district session court moradabad,i want to be an advocate on record,so pl, apprise me about thedate of next exams.
I'm a lawyer,practising in Bangladesh.Intersted in indian law and order because we r same anchestry
For AOR exam one has to (1) have 5 years' standing at bar (2) complete one year training under an AOR of 10 years standing. Exam consists of 4 papers and is held annually in May-June.
As regards the comments about AORs not attending the hearings and not reading the pleadings, I think one should not generalise that. Many AORs give full support specially to young lawyers from small towns and practising in the lower/district courts for conducting cases they want to file in the Supreme Court. Their fee is also mild.
EB
Guidelines framed by the supreme court for AoR are in my opinion not an encouraging sign for young budding lawyers as they require to wait for at least five years for being considered for the examination. India has a pool of talented prodigy which can offer best of the services to the Nation. Nevertheless, respecting the supreme court of India I would like to submit before it to have a fresh relook into it. The factor that any lawyer registered on day one can plead before supreme court of India is only a sigh of relief.
Mohit Kumar Gupta
Advocate, Supreme Court of India.
Sir, please tell me procedure and syllabus of AoR exam of sc. i am practicing lawyer in distt. court DEHRADUN .
i want to know further information about AoR... !!
reply
As I am also a practising lawyer at Delhi, i am glad to join this....and would share my thoughts and perspective henceforth.
One of my client's relative wanted to file a SLP at Supreme Court ( to cancel the bail application for a Murder accused ) and get a SR no. immediately. How much does an Advocate on Record at Supreme Court Charge for the Same.
Regards
Shyam
Dear Sir(s), I am a practising lawyer at Delhi, I am glad to join this....and would share my thoughts.
what will have to do for exam of aors
Law is very useful subject i wish it will be a compalsery subject after class 8th
These days AOR exams are held once in a year during May-June. One may refer to Supreme Court Rules, 1966 & Supreme Court Web site to know more.
A K Aggarwal, Advocate on Record
maine kai vishayom par PIL filing kee taiaari kee hai, filing k liye nihswaarth advocates kaise milen? sumit 09425605432
Thank you @lawisgreek:) very useful site for young lawyers as such myself,,,, sir/mam could you please guide me as to how do i join supreme court? i am from maharashtra and i wish to practice in SC. can you tel me the standard procedure?
Post new comment