Advocate on record: All You Need to Know

This article on ‘Advocate on record: All you need to know’ was written by Chelsi Antil, an intern at Legal Upanishad.

Introduction

As we all know, a person with a degree in law is recognised by several terms around the world, depending on their level. A person with a law degree in India, however, is not a member of any Indian State Bar Council. In that situation, the individual is referred to as a lawyer. An advocate is a person who has enlisted with any State Bar Council and has the right to represent a cause before the district and high courts. A barrister in India is a person who has received a law degree from Africa or England. A public prosecutor is someone who works for the government under Section 24 of the CRPC.

Many other designations for advocates are used in other categories, such as senior advocate, assistant public prosecutor, advocate on record, and so on. As a result, the advocates differ depending on the category. In this essay, we will look over the Advocate on Record in detail.

Who is the Advocate on Record?

The advocate who has the right to represent the case before the Supreme Court is known as the advocate on record. The Advocate on Record has passed the exam conducted by the Supreme Court, having practiced for not less than five years with an AOR and having enrolled with the Bar for not less than five years.

The advocate on record can represent the case before the Supreme Court and can file the documents with the assistance of a clerk. The notice that has been sent to the party is in AOR’s name.

The Advocates Act talks about the two types of advocates, i.e., senior advocates and advocates. Let’s discuss these terms:

Senior Advocate: The Supreme Court and the High Court have the power to appoint any advocate as a senior advocate when the court is satisfied that the advocate has fulfilled all eligibility criteria to become a senior advocate. The senior advocate cannot represent the case without the assistance of the Advocate on Record before the Supreme Court and without a junior in any other tribunal in India. The Senior Advocate cannot accept the work of drafting in any court or tribunal in India.
Advocate on Record: The advocate on record is the advocate who can represent the case before the Supreme Court after passing the exam conducted by the Supreme Court and having experience in the practice of at least 5 years with the Advocate on Record.
Other Advocates: A lawyer who has passed the AIBE exam conducted by the Bar Council of India is known as an advocate and has the power to represent the case before the district court and the high court of any state. However, the advocates are not entitled to file or represent the case before the Supreme Court.

Qualification of the Advocate on Record

An advocate who wants to enrol himself as an advocate on record shall then have experience in the practice of 4 years before any district or high court of the state and 1 year of experience in practice under the guidance of the Senior Advocate before the Supreme Court.
After that, the advocate has to pass the exam that is conducted by the Supreme Court.
Then, the Advocate shall have a registered office within a radius of 10 miles of the Supreme Court and a registered clerk.
Then, the Advocate will be considered as an Advocate on Record by the Supreme Court.

Pattern of AOR Exam

There are four types of exams conducted by the Supreme Court that are as follows:

Exam 1: Practice and Procedure
Exam 2: Drafting
Exam 3: Professional Ethics
Exam 4: Leading Cases

Provisions related to AOR

Section 30 of the Advocate Act, 1961, says that the person who has enrolled himself in any state bar has the right to represent the case before the court. However, Section 52 of the Advocate Act says that no provision of this act restricts the power of the Supreme Court under Article 145 of the Indian Constitution.

Article 145 of the Constitution gives power to the Supreme Court to make rules as it thinks necessary for regulating the practice and procedures in the court.

Then, Order IV Rule 5 of the Supreme Court Rules, 2013 talks about the eligibility criteria of the Advocate to enrol himself as an Advocate on Record, which are as follows:

The Advocate shall be enrolled as an advocate under any state bar council.
The Advocate shall have experience of 4 years in any court
The Advocate shall have 1-year experience in practice with the Senior Advocate.
The Advocate must have passed the exam conducted by the Supreme Court.
The Advocate shall have a registered office within a radius of 16 miles from the Supreme Court and also have a registered clerk.
The Registration fee is Rs. 250/-

Exception to this Rule

If the advocate has special knowledge and experience in the field of law, he or she shall be exempt from the training and test of the advocate on record.
The solicitor shall be exempted from the procedure of the Advocate on Record. if the solicitor has enrolled himself in any State Bar Council at least 7 years prior to the date of making an application for the exam of Advocate on Record.
The Advocate shall be exempted from the procedure of the Advocate on Record conducted by the Supreme Court. if the Advocate has enrolled himself in any State Bar Council at least 10 years prior to the date of making the application for the Advocate on Record.

Conclusion

Advocates on Record in the Supreme Court of India play a vital role in the administration of justice. Their responsibilities encompass filing cases, managing records, assisting clients, and ensuring compliance with court rules. The rigorous training and eligibility criteria for AORs help uphold the integrity and efficiency of the Supreme Court. In essence, AORs are the backbone of the litigation process in the highest judicial institution of India, contributing significantly to the country’s legal system.

References

The Advocates Act, 1961
‘Amber Jain, Who is an Advocate on Record?’, iPleaders Blog, 28 April 2017, available at: https://blog.ipleaders.in/advocate-on-record/
‘What is the meaning of an Advocate on record – Requirement, Process, and Income’, Institute of Legal and Management Studies, 5 March 2023, available at: https://www.ilms.academy/blog/what-is-the meaning-of-advocate-on-record