Introduction

People often get the wrong idea about the legal profession in India. One big misconception is that every lawyer gets an automatic right to handle cases in any court across the country once they are enrolled, even up to the Supreme Court. However, there is a key exception with the AOR system in the Supreme Court. Law students and regular people really need to grasp this difference.

The right to practice comes down to what the law actually says. Section 30 of the Advocates Act, 1961, gives every advocate whose name is on a State Bar Council roll the right to practice in all courts, including the Supreme Court. They can also appear before any tribunal or person allowed to take evidence. This setup means an advocate from a State Bar Council can show up in courts anywhere in the country. However, the Supreme Court Rules put an extra procedural step on top of this right, which is the AOR requirement. 

Who is an AOR?

An Advocate-on-Record (AOR) is essentially an attorney that the Supreme Court of India has approved to handle and argue cases for parties in front of it. You do not get this title just by enrolling. It comes from building up experience, going through training, and passing an exam.

To become an AOR, an advocate has to have practised law for at least four years. They also need one year of training under a senior Advocate-on-Record. Then, they must pass the AOR Examination that the Supreme Court runs. On top of that, they have to maintain an office within 16 kilometres of the Supreme Court building. It must come with an approved registered clerk. Only after meeting all these requirements and getting registered can an advocate file and plead cases in the Supreme Court using their own name.

Role of an AOR

The AOR system makes sure that everything filed in the Supreme Court meets its strict procedural and professional standards. An AOR takes care of filing vakalatnamas, petitions, and documents for clients. They are responsible for ensuring that the pleadings are accurate and complete. They also serve as the bridge for the client, the arguing counsel, and the Court Registry. Plus, they check that the Supreme Court Rules of 2013 are followed properly. In other words, while any advocate can argue a case if an Advocate-on-Record briefs them, only an Advocate-on-Record can actually file and represent the matter in the Supreme Court.

Why is an AOR important?

The Supreme Court stands as India’s top judicial authority. It handles major cases on constitutional, civil, and criminal issues that matter to the entire nation. The Advocate-on-Record system was established to maintain order. The Advocate-on-Record system was established to maintain order and ensure quality and consistency in the pleadings that are submitted. All procedural matters are handled by advocates who have the right training. It prevents frivolous petitions from clogging things up. It also shields litigants from making mistakes in procedure that might harm their case otherwise. In the end, this setup keeps the Supreme Court running efficiently and with dignity. It strikes a balance between letting people access justice and holding professionals accountable.

Conclusion 

The Supreme Court set up the Advocate-on-Record system to guarantee professional competence, procedural accuracy, and accountability in the cases that are filed there. It maintains the Court’s high standards of practice intact. It also avoids errors in how things are filed.

A lawyer from another city or High Court can appear or argue in the Supreme Court through an AOR. They come from any State Bar Council. But they cannot file documents or petitions directly unless they are an AOR themselves.