What is the Advocate-on-Record system in the Supreme Court

Subject: Polity

Section: Judiciary

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.