Why in News?
The Supreme Court (SC) has held that Advocates-on-Record (AoRs) bear full responsibility for the accuracy of petitions filed before the Court, even if the drafts are prepared by other advocates.
- It is a special category that involves special persons who have been officially sanctioned to practice and represent their clients in the Supreme Court of India.
- It is specified under Supreme Court Rules, 2013 under Article 145(1).
- It states that the SC may, from time to time, make rules for regulating the practices and procedures in the court.
- Only such title holders can submit motions and other request petitions to the Supreme Court.
- The AORs serve as a liaison between the clients and the Court, ensuring that all procedural formalities are satisfied.
- Qualifications - 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 under a senior AoR of 1 year.
- The Advocate has appeared for the SC examination.
- The Advocate is required to have an office in Delhi within a radius of 10 miles from the SC house.
- Give an undertaking to employ a clerk, who shall be a registered clerk, within one month of being registered as an AoR.
- AOR is issued a unique identification number that must be used on all documents filed in the SC.
- Roles and Responsibilities - Only an AoR is authorised to file a Vakalatnama on behalf of a client in the SC.
The Vakalatnama is a crucial document that grants the advocate the authority to represent the client.
- The AOR, with the help of a registered clerk, must complete all procedural aspects, including drafting and filing legal documents, and is personally liable for paying court fees and charges.
- Any SC notices are sent to the AoR.
Reference
Live Law | Advocate-on-Record