Supreme Court Advocates : Advocate-on-Record (AOR), Senior Advocates & Other Advocates

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Supreme Court Advocates : Advocate-on-Record (AOR), Senior Advocates & Other Advocates

Supreme Court Advocates

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Advocates appearing before the Supreme Court of India are governed by the Advocates Act, 1961, the Bar Council of India rules, and the Supreme Court Rules framed under Article 145 of the Constitution. While any advocate can argue before the Supreme Court, specific categories of advocates have distinct roles and privileges within the Court’s ecosystem.

Types of Advocates in the Supreme Court

There are three categories of Advocates who are entitled to practise law before the Supreme Court of India:

Senior Advocates
Advocate-on-Record (AoR)
Other Advocates

Senior Advocates

‘Senior Advocate’ means any advocate so designated under s Section 16 of the Advocates Act, 1961, and all such advocates whose names were borne on the roll of the senior advocates of the Court immediately before the commencement of Chapter III of the Advocates Act, 1961.
All matters relating to the designation of Senior Advocates in the Supreme Court of India are dealt with by a Permanent Committee known as the “Committee for Designation of Senior Advocates” under the Guidelines for Designation of Senior Advocates by the Supreme Court of India, 2023.
The Chief Justice of India or any Judge of the Supreme Court may recommend the name of an advocate for being designated as a senior advocate on being of the opinion that such an advocate who mainly practises in the Supreme Court should be so designated by virtue of their ability, standing at the Bar or special knowledge or experience in law.
A Senior Advocate is not entitled to appear in the Supreme Court without an Advocate-on-Record.
He is also not entitled to accept instructions to draw pleadings or affidavits, advise on evidence or do any drafting work of an analogous kind in any court or tribunal in India or undertake conveyancing work of any kind whatsoever but this prohibition shall not extend to settling any such matter as aforesaid in consultation with a junior.
Wear distinct gowns and enjoy a higher decorum status in court.

Advocate-on-Record (AoR)

Advocate-on-Record (AoR) is a lеgal profеssional who is entitled to represent clients and plead for them in the SC.Only Advocate-on-Records are entitled to file any matter or document before the Supreme Court. They can also file an appearance or act for a party in the Supreme Court.

Qualifications:

An Advocate can become an AOR, if he/she fulfills the following criteria:
- The Advocate must be enrolled with any state Bar Council;
- The Advocate should not be a designated Senior Advocate;
- The Advocate shall have completed at least 4 years of legal practice on the date of commencement of his/her 1 year of training under an AOR;
- The Advocate needs to complete one year training under an AOR approved by the Court;
- After completion of training for 1 year with the AOR, the Advocate has to appear for an examination conducted by the Supreme Court of India;
  - An advocate needs to score at least 60% i.e. a minimum of 240 marks out of 400 with at least 50% in each subject in a three-hour exam.
  - The subjects include Practice and Procedure, Drafting, Professional Ethics and Leading Cases. Approximately 200-250 lawyers clear the exam to become AoRs.
- The AOR has to maintain an office in Delhi within a radius of 16 kilometer from the Court and also give an undertaking to employ a clerk, which is registered clerk of the said Advocate on record with the Supreme Court, within one month of his/her being registered as an AOR with the Supreme Court.
- Pay nominal registration fees of Rs. 250 along with the registration form;

Role of an AOR:

The roles of an Advocate on Record (AOR) in India are:
- Only an AOR can file a Vakalatnama in the Supreme Court on behalf of the client. Vakalatnama is a document in writing, appointing a lawyer or pleader to represent the clients matter in a Court of law.
- No advocate other than an AOR can appear and plead in any matter unless an AOR instructs him.
- Any notice or order/correspondence by the Supreme Court is sent to the AOR.
- It is necessary to get a certificate issued by an AOR, in order to file a Special leave Petition under Article 136 of the Constitution of India.
- An AOR is personally liable for the due payment of all fees/charges payable to the Court.

Other Advocates

These are the Advocates whose names are entered on the roll of any State Bar Council maintained under the Advocates Act, 1961.
They can appear and argue any matter on behalf of a party in the Supreme Court but they are not entitled to file any document or matter before the Court.

Legal Provisions Governing Supreme Court Advocates

Article 145(1): Empowers the Supreme Court to frame rules regarding its practice and procedures.
Section 30 of the Advocates Act, 1961: Grants every advocate the right to practice before all courts in India.

The system of Supreme Court Advocates, particularly the Advocate-on-Record (AoR) mechanism, plays a crucial role in maintaining the efficiency, credibility, and professionalism of India’s apex judiciary. By mandating that only specially qualified advocates handle procedural filings, the Supreme Court ensures that litigants receive informed and responsible representation in what is often their final avenue for justice. The distinction between AoRs, Senior Advocates, and other categories reflects a well-structured hierarchy, inspired by both constitutional provisions (like Article 145) and historical British legal traditions.

FAQs

Q1. Who is an Advocate-on-Record (AoR)?

An Advocate-on-Record (AoR) is a lawyer who is exclusively authorized to file petitions, applications, vakalatnamas, and other documents in the Supreme Court of India. Only AoRs can represent parties officially before the Supreme Court.

Q2. Can any advocate practice in the Supreme Court?

Any advocate enrolled with a State Bar Council can argue cases before the Supreme Court. However, only an Advocate-on-Record (AoR) can file cases or accept notices on behalf of clients.

Q3. What is the difference between a Senior Advocate and an AoR?

A Senior Advocate is a lawyer designated by the Supreme Court or a High Court for their expertise and standing. They cannot file cases or deal directly with clients; they must be briefed by an AoR or another advocate.

An AoR, on the other hand, is responsible for procedural filings and has a statutory status under the Supreme Court Rules.

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