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Advocate-on-Record (AOR) in the Supreme Court of India

Advocate-on-Record (AOR) in the Supreme Court of India

The institution of the Advocate-on-Record (AOR) occupies a unique and indispensable position in the functioning of the Supreme Court of India. Unlike other courts in the country, the Supreme Court follows a specialised system under which only an Advocate-on-Record is authorised to file pleadings and formally act on behalf of a litigant. While any enrolled advocate may appear and argue before the Court, procedural responsibility rests exclusively with the AOR.

This system is not a mere technical formality. It represents a carefully designed mechanism to ensure procedural discipline, professional accountability, and administrative efficiency in the highest constitutional court of the country.

Concept and Meaning of Advocate-on-Record

An Advocate-on-Record is an advocate who has fulfilled the requirements prescribed under the Supreme Court Rules and is enrolled on the official roll of Advocates-on-Record maintained by the Supreme Court.

In essence:

  • Every AOR is an advocate

  • Not every advocate is an AOR

Once enrolled, an AOR acquires the exclusive right to file petitions, appeals, applications, affidavits, and vakalatnamas before the Supreme Court. The AOR becomes the formal representative of the litigant on record and assumes full responsibility for the conduct of the case from a procedural standpoint.

Constitutional and Legal Framework

The AOR system derives its authority from Article 145(1) of the Constitution of India, which empowers the Supreme Court to frame rules regulating its practice and procedure. Exercising this power, the Court has laid down the Advocate-on-Record system under the Supreme Court Rules.

The framework governing AORs includes:

  • The Supreme Court Rules, 2013

  • The Advocate-on-Record Rules framed by the Court

  • Professional conduct rules applicable to advocates

Under these rules, no advocate other than an AOR is entitled to file a vakalatnama or act for a party in the Supreme Court.

Rationale Behind the AOR System

The Supreme Court handles matters of the highest constitutional, national, and public importance. The AOR system exists to meet several essential objectives:

Accountability

The Court requires a single, identifiable professional who is responsible for pleadings, compliance with orders, service of notices, and adherence to procedural requirements.

Procedural Expertise

Supreme Court practice involves complex procedural rules distinct from High Court practice. The AOR system ensures that filings are handled by advocates trained specifically in Supreme Court procedures.

Administrative Efficiency

The Registry communicates directly with AORs, enabling quicker defect removal, accurate listing, and smoother case management.

Professional Discipline

By placing personal responsibility on the AOR, the system discourages frivolous filings and procedural misuse.

Eligibility and Qualification Pathway

Becoming an Advocate-on-Record is a demanding and structured process designed to ensure competence and experience.

Basic Eligibility

  • Enrollment as an advocate under the Advocates Act

  • Minimum of four years of continuous legal practice

  • No designation as a Senior Advocate

  • Clean disciplinary record

Mandatory Training

After completing the initial practice period, the candidate must undergo one year of continuous training under a senior Advocate-on-Record who has at least ten years’ standing as an AOR. This apprenticeship is intended to impart practical knowledge of drafting, filing, Registry practice, and Supreme Court procedure.

The AOR Examination

Upon completion of training, the candidate must pass a rigorous examination conducted by the Supreme Court. Candidates are permitted a maximum of five attempts in their lifetime.

Structure of the AOR Examination

The examination consists of four descriptive papers, each carrying 100 marks:

  1. Practice and Procedure
    Supreme Court Rules, jurisdiction, procedural statutes, and court practice.

  2. Drafting
    Special Leave Petitions, writ petitions, review petitions, appeals, and applications.

  3. Professional Ethics
    Duties to the Court and client, Bar Council rules, and professional conduct.

  4. Leading Cases
    Analytical understanding of landmark Supreme Court judgments.

To qualify, a candidate must secure:

  • At least 50% in each paper, and

  • A 60% aggregate across all four papers.

The pass percentage remains low, reinforcing the exclusivity of the designation.

Post-Qualification Requirements

Passing the examination alone does not complete the process. An AOR must also:

  • Maintain a registered office within a prescribed radius of the Supreme Court in New Delhi

  • Employ a registered clerk approved by the Court

  • Fulfil infrastructure and administrative requirements verified by the Registry

Only after satisfying these conditions is the advocate enrolled on the AOR roll.

Roles and Responsibilities of an AOR

An Advocate-on-Record functions as the procedural custodian of a Supreme Court case. Core responsibilities include:

  • Filing and verifying all pleadings and applications

  • Ensuring compliance with procedural rules and timelines

  • Removing Registry defects

  • Managing service of notices

  • Coordinating with arguing counsel, including Senior Advocates

  • Receiving court notices and orders

The AOR bears personal responsibility for accuracy, completeness, and compliance.

Rights and Privileges

The most significant privilege of an AOR is the exclusive right to act and file on behalf of a litigant in the Supreme Court. Other privileges include:

  • Authority to sign and file vakalatnamas

  • Direct communication with the Registry

  • Responsibility for interlocutory applications and compliance affidavits

Senior Advocates, though permitted to argue cases, must do so under the instruction of an AOR.

Ethical Duties and Liability

Advocates-on-Record are regarded as officers of the Court and are held to the highest standards of professional conduct. They must:

  • Ensure truthfulness and accuracy in pleadings

  • Avoid misleading the Court

  • Honour undertakings strictly

  • Act with diligence and integrity

Failure to comply may result in costs, adverse remarks, suspension, or removal from the AOR roll.

Relationship with Other Advocates

The AOR system does not restrict advocacy. Non-AOR advocates and Senior Advocates may argue matters freely. However:

  • The AOR manages all procedural and filing aspects

  • The arguing counsel focuses on legal submissions

  • In complex matters, the AOR functions as a case manager coordinating the entire litigation team

Statistical and Strategic Significance

As of 2025, there are approximately 3,700–3,800 Advocates-on-Record in India, representing a tiny fraction of the legal profession. This underscores the designation’s exclusivity and professional standing.

AORs serve as a quality-control filter, ensuring that only procedurally compliant matters reach the Bench, thereby saving judicial time and resources.

Criticism and Contemporary Challenges

Despite its importance, the AOR system has faced criticism:

  • Perceived elitism and Delhi-centric access

  • Additional costs for litigants

  • Procedural rigidity in urgent matters

The rise of digitisation and e-filing has renewed debate on whether limited relaxation is needed. However, the Supreme Court has consistently upheld the system as a reasonable regulatory mechanism essential for orderly administration of justice.

Impact of Digitisation

Digital filing and virtual hearings have transformed Supreme Court practice but have not diminished the importance of AORs. Modern AORs must now combine:

  • Procedural expertise

  • Technological competence

  • Professional accountability

Digitisation has enhanced efficiency while retaining the AOR as the central point of responsibility.

The Advocate-on-Record system is a cornerstone of Supreme Court practice in India. It ensures procedural discipline, professional accountability, and institutional efficiency in the country’s highest court. Far from being a mere technical requirement, the AOR represents the Court’s trust in a qualified professional who safeguards procedural integrity.

For advocates, becoming an AOR is a mark of distinction earned through experience and examination. For litigants, the AOR is the procedural guardian of their case. Together, the institution strengthens the rule of law and the effective administration of justice in India.

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