This article is written by Prateek V. Hiremath

 

Introduction

The Advocates Act, 1961, created a single category/roll of legal practitioners known as “advocates” and removed all other previous titles (such as pleaders, vakils, attorneys, etc.) for the profession. The primary aim of this Act was to consolidate and amend laws relating to legal practitioners to bring uniformity in the profession, and to constitute Bar Councils and an All-India Bar.

Therefore, an advocate can practice in any court in India. There are only two classes of advocates in India as per Section 16 of the Act: Senior Advocates and Other Advocates. The title of Senior Advocate is conferred by the Supreme Court or the High Court to advocates who, in their opinion, possess “ability, standing at the Bar or specialised knowledge or experience in law.”

It is the dream of almost every law graduate to practice in the Supreme Court and be part of the various legal reforms taking place in the country due to the evolving social and technological advances. Practice in the Supreme Court also gives the opportunity for advocates to directly fight for the Rights of people in the Highest forum for justice in our country.

However, a law graduate has to acquire certain extra qualifications after graduating Law School and enrolling as an advocate. These qualifications have been prescribed by the Supreme Court, by the powers granted to it under Article 145 of the Constitution of India to make rules for regulating its practice and procedure. This includes prescribing qualifications for advocates who wish to practice in the Supreme Court, who are known as Advocates-on-Record(AOR).

Chapter 4 of the Supreme Court Rules, 2013 provides that only an AOR can appear, plead, and address the court on behalf of a party in any matter. This classification is important to maintain the high standards, accountability,  and efficiency in the Supreme Court. Only advocates who have acquired the required qualifications and have proved their legal expertise and understanding of the Supreme Court Procedures can practice in the Supreme Court. 

 

Steps to Become an Advocate-on-Record

1. Education in Law: The first step in becoming an AOR is to complete a bachelor’s degree in law (LL.B) from a College recognised by the Bar Council of India. Students may either opt for a 3-year LL.B after completing their graduation, or a 5-year integrated course such as BA, BCom, or BBA along with LL.B.
2. Enrollment as an advocate: after completing LL.B, the next step is to enroll with the respective State Bar Council.
3. Passing the All India Bar Examination (AIBE): The next step is to pass the AIBE, which is conducted by the Bar Council of India. The examination consists of 100 multiple-choice questions to be completed within three hours and thirty minutes. The examination consists of questions on subjects such as constitutional law, criminal law, civil procedure, professional ethics, etc. The examination is an open-book examination where candidates can make use of the required bare acts. After passing this examination, the candidate becomes eligible to practice in any court in India.

Order IV Rule 5 provides for the qualifications to register as an AOR.

4. Four years of Legal Practice: The advocate has to complete four years of legal practice after completing the previous steps. In this period, it is preferred for the advocate to gain experience in various subordinate courts and tribunals to gain a holistic experience as an advocate. The plain language of Order IV Rule 5 provides that the advocate’s name has to be borne on the “roll of any State Bar Council for not less than four years on the date of commencement of his training…”
5. Training under AOR: The advocate has to then undergo a one-year training period with an AOR approved by the Supreme Court.
6. AOR examinations: The advocate then has to appear for the AOR examinations. The examination consists of four papers. The details of the same are given below.

 

 

Once an advocate passes this examination, they become eligible to practice in the Supreme Court. One can find all the latest updates of the AOR examination and old question papers on this link: https://www.sci.gov.in/aor-examination/.

7. Exemption: The Chief Justice of the Supreme Court may grant exemption from the training period and the Advocate on Record Examination if the advocate has been practicing for not less than ten years. Exemption may also be granted to an advocate having special knowledge or experience in law.
8. Office in Delhi: The advocate who has qualified as an AOR under Rule 5 has to set up an office in Delhi within 16 Kilometers from the Court House.
9. Employing a registered Clerk: The AIR has to give an undertaking to employ, within one month of registering as an AOR, a registered clerk.
10. Payment of Registration Fee: The candidate has to pay a registration Fee of Rs. 250  (Two Hundred and Fifty Rupees).

 

Disqualifications for becoming an AOR

Order IV Rule 6 provides for the instances where an advocate is not eligible to appear for the examination and consequently qualify as an AOR.

1. An advocate who has been convicted of an offense involving moral turpitude shall not be eligible to appear in the tests mentioned above, unless the conviction has been stayed or suspended by the court.
2. The advocate will not be eligible to appear for the examination from the date of conviction to two years after they have served their sentence, paid their fine, or served their sentence and paid their fine. The Chief Justice may relax the provisions of this rule in particular cases.

 

Function of an AOR

1. Only an AOR can file a Vakalatnama on behalf of a client in the Supreme Court.
2. If any other Advocate wishes to appear in a matter or plead in it, the AOR has to instruct the advocate on the same.
3. All notices, orders, and correspondence are sent by the Supreme Court to the AOR.
4. It is necessary for an AOR to issue a certificate before filing a Special leave petition under Article 136 of the Constitution of India.
5. Rule 21 of Order IV of the Supreme Court Rules, 2013 provides that the AOR is personally responsible when it comes to the timely payment of fees and other charges payable in the Supreme Court.

 

Instances where the name of the AOR can be struck off the register of AOR

There are three instances under which the AOR’s name can be struck off the record of AOR.

1. When the AOR is not able to comply with the provision of having an office or a registered clerk or both as prescribed in Supreme Court Rules, 2013, then, after giving an opportunity as to why his name should not be struck off from the register in a proceeding in front of a chamber judge, the advocate’s name can be struck off if the judge is of that opinion.
2. In case the AOR’s name has been removed from the State Bar Council, then his name will be removed from the Register of AOR unless the contrary has been ordered by the Supreme Court.
3. If the AOR has been found guilty of misconduct or of such conduct unbecoming of an advocate on record. These misconduct and conduct unbecoming of an advocate on record include:
   1. Mere name lending without any further participation in the proceedings of the case.
   2. Absence of the AOR from the court without any reason when the case has been taken up for hearing.
   3. Failure to submit an appearance slip signed by the AOR of actual appearances in the Court.

 

Internship Opportunities to gain knowledge of the Supreme Court Procedures

Students who wish to practice in the Supreme Court must also focus on internships from their law School or internships post graduation. This exposure will imbue them with the knowledge of courtroom procedures and drafting practices in the Supreme Court.

The following are the internship opportunities:

1. Supreme Court Legal Services Committee (SCLSC) Internship

It is generally a 15-day internship that provides a certificate upon completion. The internships are available to students from recognised universities and focus on areas such as legal aid for marginalised communities. The interns learn and assist with matters related to mediation, public interest litigation, etc.

2. Interning in the chambers of Supreme Court advocates.

Another good way to get exposure to the practices in the Supreme Court is to intern in the Chamber of Supreme Court Advocates. The interns are given work relating to legal research, preparing briefs, attending court hearings, etc.

3. Judicial Clerkship

Applying for the role of a clerk of the Supreme Court is also an option available to interested candidates. Clerkship in the Supreme Court involves thorough legal research, case briefs, attending and observing courtroom proceedings, and opinion drafting.

 

Relevant Case Laws

1. In Re: Lily Isabel Thomas v. Unknown, AIR 1964 SC855

In this case, Lily Isabel Thomas sought a declaration that Rule 16(1) of the Supreme Court Rules, 1962, was invalid and claimed she should be allowed to act as an Advocate-on-Record without fulfilling the prescribed requirements. She argued that the right to practise law included both the right to plead and the right to act, and that Rule 17 restricted only the right to act, not to plead.

On 14 January 1964, the Supreme Court dismissed her petition, holding that Section 52 of the Advocates Act, 1961, preserved its authority to frame such rules and gave it discretion to decide who could act on behalf of parties. The Court also examined Article 145(1) of the Constitution and affirmed its power to make these rules.

2. Balraj Singh Malik v. Supreme Court Of India Through its Registrar General W.P.(C) 8327 of 2011

In 2013, Mr. Balraj Singh Malik, who was not an Advocate-on-Record, filed a writ petition in the Delhi High Court challenging Rules 2, 4, and 6(b) of Order IV of the Supreme Court Rules, 1966, seeking to abolish the distinction between Advocates-on-Record and other advocates. He argued that Section 30 of the Advocates Act, 1961, granted all advocates the right to practice in the Supreme Court, and these rules curtailed that right. The Respondents’ side relied on Section 52 of the Act, which preserves the Supreme Court’s authority to make rules governing its practice.

A bench of Chief Justice A.K. Sikri and Justice Rajiv Sahai Endlaw upheld the AOR system on 13 February 2013, holding that Section 30 must be read alongside Section 52. The Court clarified that the AOR requirement is not discriminatory but ensures that advocates appearing before the Supreme Court possess the necessary expertise, procedural knowledge, and qualifications, thereby serving the public interest. The judgment noted that an AOR can authorise any advocate, senior or otherwise, to argue a case, ensuring all advocates retain opportunities to appear. It emphasised that the AOR examination is not a mere procedural formality but a vital process to prepare advocates for the unique responsibilities of practising in the Supreme Court.

 

Conclusion

Becoming an Advocate-on-Record in the Supreme Court of India is a rigorous process designed to uphold the highest professional standards in the country’s apex judicial forum. From completing an LL.B. and enrolling with a State Bar Council to gaining extensive legal experience, passing the All India Bar Examination, training under a qualified AOR, and clearing the AOR examinations, each step ensures that only the most competent advocates can represent clients at this level.

The additional requirements of maintaining an office in Delhi, employing a registered clerk, and adhering to strict professional conduct reinforce the accountability and responsibility expected from AORs. While the path demands years of dedication, continuous learning, and adherence to ethical principles, the role offers unmatched opportunities to influence legal developments, protect fundamental rights, and contribute meaningfully to the administration of justice. For aspiring lawyers, the journey to becoming an AOR is not just a career milestone but also a commitment to the integrity and excellence of the legal profession.

 

References

1.  Section 29, The Advocates Act, Acts of Parliament, Act No 25 of 1961
2. Anannya Kohli, Advocates and Need for a Code in the Light of Advocates Act, 1961, 6(1) Int’l J. Res. & Analysis (2020) <http://www.ijra.in/uploads/44177.3043065856Anannya%20Kohli_FULL%20PAPER.pdf>
3. Section 16, The Advocates Act, Acts of Parliament, Act No 25 of 1961
4. INDIA CONST. art. 145
5. S.S. Rana & Co., Advocate-on-Record, S.S. Rana & Co. https://ssrana.in/thought-leadership/articles/the-relevance-of-advocate-on-record-examination-in-india/ (last visited Aug. 9, 2025).
6.  All India Bar Examination, <https://allindiabarexamination.com/>
7. Supreme Court Rules, 2013
8. How to Become a Supreme Court Lawyer: Qualifications & Process, upGrad, (May 13, 2025), <https://www.upgrad.com/blog/how-to-become-supreme-court-lawyer>
9. AOR: Unfolding entire Mechanism of Advocate-on-Record, Manoj K. Mishra, The law advice, (16 Jul, 2023) <https://www.thelawadvice.com/articles/aor-unfolding-entire-mechanism-of-advocate-on-record>
10. In Re: Lily Isabel Thomas v. Unknown, AIR 1964 SC855 <https://indiankanoon.org/doc/1617089/?type=print>