What Is an Advocate-on-Record and Why the Supreme Court Requires One

The Advocate-on-Record (AOR) institution is unique to the Supreme Court of India. It is a feature of the Supreme Court’s practice and procedure that reflects the constitutional significance of the court and the specialised expertise required to practise before it. Understanding what an AOR is, what an AOR can do, and why the institution exists is essential knowledge for any advocate appearing before the Supreme Court or advising a client whose case is going to the apex court.

Article 145 of the Constitution of India empowers the Supreme Court to make rules for the practice and procedure of the court, including the practice relating to advocates appearing before it. The rules made under this power are the Supreme Court Rules, 2013.

Order IV, Rule 1 of the Supreme Court Rules, 2013 provides the foundational rule: “No advocate, other than an Advocate-on-Record, shall be entitled to file any petition, application, appeal, reference, reply, written arguments, or any other documents or papers in the Registry of the Court.”

The effect is absolute: no matter how experienced an advocate may be, no matter how senior their designation, no petition, appeal, or document of any kind can be filed in the Supreme Court’s registry unless it is filed by an AOR.

How One Becomes an Advocate-on-Record

The process to become an AOR involves several stages:

Eligibility: An advocate must have been enrolled with a State Bar Council and must have been practising as an advocate for at least 4 years from the date of enrolment. Additionally, the candidate must have worked in the chambers of a registered AOR or Senior Advocate for a period of at least 1 year (or 6 months in the chambers of an AOR before the examination and 6 months after registration, in the case of relaxation).

The AOR Examination: The examination is conducted by the Supreme Court of India (through its designated examining body). It comprises four papers:

1. Practice and Procedure: Supreme Court Rules, procedural law, jurisdiction of the Supreme Court
2. Drafting: Preparation of petitions, applications, and other documents filed in the Supreme Court
3. Advocacy and Professional Ethics: Advocacy skills and the professional conduct rules applicable to advocates
4. Leading Cases: Important judgments of the Supreme Court across constitutional, civil, and criminal law

Each paper carries 100 marks. Candidates must pass all four papers, typically with a minimum of 45% in each and 50% aggregate.

Registration: Upon passing the examination, the candidate applies for registration as an AOR. The registration is granted by the Chief Justice of India. The AOR receives a unique registration number and is enrolled on the AOR roll of the Supreme Court.

Office requirement: An AOR must maintain a registered office in Delhi, accessible to clients and courts. This ensures that notices, communications from the court, and service of process can be effected.

What Only an AOR Can Do

The following acts are exclusively within the domain of an AOR:

5. File documents: Any petition, application, affidavit, written submissions, or any other document with the Supreme Court Registry must be filed through an AOR
6. Execute vakalatnamas: A vakalatnama (the formal document authorising an advocate to appear on behalf of a party) filed in the Supreme Court must be executed in favour of an AOR; a vakalatnama in favour of a non-AOR is not accepted by the Registry
7. Receive notices: Court notices, summonses, and communications are served on the AOR, who is responsible for ensuring the client is informed
8. Represent in matters of filing and administration: All administrative and procedural steps before the Registry are conducted by or through the AOR

Important distinction: While only an AOR can file, arguing is not restricted to AORs. Senior Advocates and any advocate briefed through an AOR can argue cases before the Supreme Court. The division of roles is:

• AOR: files the matter, manages the registry work, instructions to counsel, client communication
• Senior Advocate/Arguing Counsel: argues before the bench

The Three-Tier Structure of the Supreme Court Bar

The Supreme Court bar operates on a three-tier structure:

Advocates enrolled with State Bar Councils: These advocates are entitled to appear in all courts and tribunals, but they cannot file in the Supreme Court. They can argue in the Supreme Court only if briefed through an AOR.

Advocates-on-Record: The approximately 2,500 registered AORs form the second tier. They hold the exclusive right to file in the Supreme Court and are the necessary conduit between a client and the court.

Senior Advocates: Designated by the Supreme Court or High Courts under Section 16 of the Advocates Act, 1961. Senior Advocates argue on behalf of parties but, by designation rules, do not independently conduct cases, they are briefed by AORs and advised on the merits of advocacy. A Senior Advocate cannot file documents in the Supreme Court without an AOR.

How High Court Advocates Brief an AOR

When a High Court advocate’s client has a case going to the Supreme Court, the process is:

9. The High Court advocate identifies an AOR and discusses the case with them
10. The AOR assesses the matter and, if they agree to take it up, takes instructions
11. The client executes a vakalatnama in favour of the AOR
12. The AOR reviews the impugned High Court order and instructions, and decides on the grounds
13. If the AOR is not arguing the matter personally, they may brief a Senior Advocate or experienced arguing counsel
14. All court proceedings, mentions, hearings, filing of documents, are conducted through the AOR
15. The High Court advocate remains the instructing attorney but has no direct role in the Supreme Court filing

Matters That Come Exclusively Before the Supreme Court

The Supreme Court exercises several distinct jurisdictions, all requiring an AOR to file:

• Special Leave Petitions (SLPs) under Article 136: appeals from any court or tribunal in India
• Original writ petitions under Article 32: for enforcement of fundamental rights
• Constitutional references: matters referred by High Courts or lower courts under Article 131A (ceased to exist), or matters of constitutional importance
• Inter-state disputes under Article 131: original jurisdiction between states or between a state and the union
• Appeals under Article 133-135: civil, criminal, and constitutional appeals from High Courts
• Transfer petitions under Section 25 CPC: seeking transfer of cases from one state to another

Key Takeaways

• An Advocate-on-Record is the only category of advocate entitled to file documents in the Supreme Court of India under Order IV, Rule 1 of the Supreme Court Rules, 2013, without an AOR, no petition, appeal, or application can be presented to the Supreme Court Registry.
• Becoming an AOR requires 4 years of practice, 1 year in an AOR’s or Senior Advocate’s chambers, and passing the four-paper AOR examination conducted by the Supreme Court, only approximately 2,500 advocates are registered as active AORs.
• The AOR institution separates the filing function (exclusively AOR) from the advocacy function (AOR, Senior Advocates, and any briefed counsel may argue), High Court and trial court advocates who wish to assist their clients at the Supreme Court must brief an AOR to file on the client’s behalf.

This article is for informational purposes only and does not constitute legal advice. Readers should seek appropriate professional counsel for their specific circumstances.

META TITLE: Advocate on Record Supreme Court India: What is an AOR?