ADVOCATE
ON-RECORD SYSTEM - POLITY
News:
What is the
Advocate-on-Record system in the Supreme Court?
What's
in the news?
●
The Supreme Court this week pulled up an
Advocate-on-Record (AoR) for filing a frivolous case and dismissed the public
interest litigation.
●
The Court censured the lawyer that an AoR
cannot merely be a “signing authority.”
Advocate-on-Record (AoR):
● The concept of AoR was introduced by the SC with the power given
to it under Article 145(1) of the
Indian Constitution, which states that the SC may, from time to time, make
rules for regulating the practices
and procedures in the court.
● “Advocate on record” is a title given to an advocate who can represent a cause or plead before the SC.
●
Only these advocates are
entitled to file any matter or document before the SC. They can also file an
appearance or act for a party in the SC.
●
No other High Court in India has a similar provision.
● Order IV Rule 5 of the
Supreme Court Rules, 2013 lays down the
requirements to be fulfilled to become an AoR. They are as follows:
○ The Advocate is required to
be enrolled with any State Bar Council.
○
The Advocate is required to have a prior experience of at least 4
years.
○
The Advocate has undergone a training of 1 year under a
senior AoR.
○
The Advocate has appeared for the examination conducted by
the SC.
○ The Advocate is required
to have an office in Delhi within a radius of 10 miles from the SC house
and give an undertaking to employ a
clerk, who shall be a registered clerk, within one month of being
registered as an advocate on record.
● Once registered, an AOR
is issued a unique identification number that must
be used on all documents filed in the
SC.
Whether an Advocate is allowed to assist in a matter held before
the SC?
● An advocate is allowed to assist, brief, collect all documents
related to the case and help in the drafting as well.
●
He can also argue and plead
a case with the instructions of an AoR.
● Only the filing of a case under his Vakalatnama is restricted.