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

Who is an Advocate-on-Record (AoR)?

• “Advocate on record” is a title given to an advocate who can represent a cause or pleading before the SC.

• Only these advocates are entitled to file any matter or document before the SC. They can also file an appearance or act for a party in the SC. 

How does one become an Advocate-on-Record(AoR)?

• To become an Advocate-on-Record (AoR) in India, candidates must meet specific eligibility criteria set out in the Order IV Rule 5 of the Supreme Court Rules, 2013.

• This includes completing one year of training with a court-approved AoR and having a minimum of four years of legal practice.

• To qualify for the AoR examination, an advocate needs to achieve a score of at least 60%, with a minimum of 240 out of 400 marks, and at least 50% in each subject, including Practice and Procedure, Drafting, Professional Ethics, and Leading Cases.

• Approximately 200-250 lawyers successfully clear the exam to attain the AoR designation.

• Furthermore, an AoR must maintain an office in Delhi within a 16-kilometer radius of the Supreme Court and commit to employing a registered clerk within one month of AoR registration.

• Once registered, an AOR is issued a unique identification number that must be used on all documents filed in the SC.

What are the rules governing the AoR system?

• Section 30 of the Advocates Act in India grants all lawyers enrolled with the Bar Council the right to practice law before any court or tribunal nationwide.

• However, this provision explicitly recognizes the Supreme Court’s authority to create rules under Article 145 of the Constitution.

• Article 145 of the Constitution empowers the Supreme Court to establish rules and regulate its own procedures for case hearings.

• The Advocate-on-Record (AoR) system in India is akin to the British legal practice of barristers and solicitors. Barristers argue cases, while solicitors handle client representation.

• In the former Federal Court, the precursor to the Supreme Court, “agents” managed cases, and barristers presented arguments.

• The AoR system is rooted in the historical context of India’s legal practices, maintaining a distinction between those arguing cases and those handling client matters.

• Senior advocates in India, designated by the Court, follow a model similar to barristers, without soliciting clients and instead being engaged by other lawyers, including AoRs.

• The Supreme Court meticulously maintains its rules and advocates’ registrations in accordance with its historical traditions and procedures.

• Polity What is the Advocate-on-Record system in the Supreme Court.