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Advocate-on-Record System in India's Supreme Court

Key Roles and Responsibilities of AoRs

Advocate-on-Record System in India's Supreme Court

  • 19 Nov, 2023
  • 304

Understanding the Advocate-on-Record (AoR) System

The Advocate-on-Record (AoR) system is a significant part of the Indian legal framework, particularly within the Supreme Court. An AoR is a lawyer authorized to file cases directly before the Supreme Court, serving as a crucial intermediary between the litigant and the Court. This role is vital for ensuring that the legal process is followed accurately and efficiently.

Who is an Advocate-on-Record?

An AoR is a specialized lawyer who has passed a specific examination recognized by the Supreme Court. This qualification grants them the authority to file cases in the highest court of India. While AoRs can collaborate with other lawyers, including senior advocates to present cases, they retain ultimate responsibility for the proceedings.

How to Become an Advocate-on-Record

To become an AoR, a lawyer must meet several criteria:

  • Fulfill eligibility requirements outlined in the Supreme Court Rules, 2013.
  • Complete a minimum one-year training period with a court-approved AoR.
  • Possess at least four years of legal practice experience before beginning training.
  • Pass the Supreme Court's examination, achieving at least 60% overall and 50% in each subject.

Rules Governing the AoR System

The AoR system is governed by rules based on the Advocates Act and Article 145 of the Constitution. These regulations empower the Supreme Court to establish its procedures. The AoR system draws its inspiration from British legal practices, where AoRs function similarly to solicitors, managing client relationships and filing cases, while barristers (or senior advocates) focus on courtroom arguments.

Importance of the AoR System

The AoR system is essential for maintaining the integrity of the legal process in India. It ensures that cases are handled by qualified professionals, safeguarding the interests of litigants. Understanding the AoR's role is particularly beneficial for those preparing for civil services examinations, as it highlights the structure and functions of the Indian judiciary.

Frequently Asked Questions (FAQs)

Q1. What is the primary role of an Advocate-on-Record?
Answer: An Advocate-on-Record (AoR) is responsible for filing cases in the Supreme Court and serves as the main point of contact between litigants and the Court.

Q2. What qualifications are needed to become an AoR?
Answer: To become an AoR, a lawyer must complete specific eligibility criteria, undergo training with an AoR, gain legal experience, and pass a qualifying examination.

Q3. How does the AoR system differ from regular legal representation?
Answer: The AoR system in India requires specific qualifications and responsibilities, distinguishing it from general legal representation, where any lawyer can represent clients without this specialized credential.

Q4. Why is the AoR system important in India's legal framework?
Answer: The AoR system ensures that cases are managed by qualified individuals, enhancing the effectiveness and integrity of the legal process in the Supreme Court.

Q5. Can AoRs engage other lawyers to represent clients?
Answer: Yes, AoRs can engage other lawyers, including senior advocates, to argue cases; however, they remain responsible for the overall management of the case.

UPSC Practice MCQs

Question 1: What is the primary function of an Advocate-on-Record in the Supreme Court?
A) To argue cases in the lower courts
B) To file cases directly in the Supreme Court
C) To provide legal advice to clients
D) To oversee judicial appointments
Correct Answer: B

Question 2: What is the minimum legal practice experience required to become an AoR?
A) 2 years
B) 4 years
C) 5 years
D) 3 years
Correct Answer: B

Question 3: Which document outlines the eligibility criteria for AoRs?
A) Indian Penal Code
B) Constitution of India
C) Supreme Court Rules, 2013
D) Advocates Act
Correct Answer: C

Question 4: What percentage is required to pass the AoR examination?
A) 70% overall
B) 60% overall and 50% in each subject
C) 50% overall
D) 40% overall
Correct Answer: B

Question 5: The AoR system in India is similar to which legal practice in the UK?
A) Judges
B) Barristers
C) Solicitors
D) Paralegals
Correct Answer: C

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