Who is an Advocate on Record
An Advocate on Record is an advocate who is entitled under the Order IV of the Supreme Court Rules, 2013(previously Order IV of the Supreme Court of India Rules, 1966), framed by the Supreme Court of India under Article 145 of the Constitution, to act as well as to plead for a party in the Supreme Court of India. As per the rules, no advocate other than an advocate on record shall be entitled to file an appearance or act for a party in the Supreme Court of India. No advocate other than an advocate on record can appear and plead in any matter unless he is instructed by an advocate on record.
Once registered, an Advocate on Record can file and argue cases on behalf of their clients in the Supreme Court. Advocates on Record play an important role in the Indian legal system as they are responsible for filing and presenting cases before the Supreme Court. They are required to have a thorough understanding of the legal system and procedures of the court. They act as a liaison between the clients and the court, ensuring that the client’s interests are represented effectively in the court.
Becoming an Advocate on Record in India is a prestigious and challenging task that requires significant legal training and experience. To appear for Advocate on Record, a law student must complete a Bachelor’s degree in law (LLB) or Equalivant from a recognized university. The appearing candidate obtains a license to practice law in India by passing the All India Bar Examination (AIBE).
To become an Advocate on Record in the Supreme Court of India, a lawyer must fulfill certain eligibility criteria and apply for registration with the Registry of the Supreme Court.
The eligibility criteria include
- A minimum of five years of practice as an advocate
- A clean disciplinary record, and
- Passing an examination conducted by the Supreme Court.
What Must A Student Know Before Appearing For AOR Exam:
To prepare for the AOR examination, a law student must have an in-depth understanding of the Indian legal system. Students must have a strong command of the Constitution, statutory provisions, and case laws. They should also have a strong grasp of legal research and writing skills. As well as knowledge of the procedural aspects of filing and presenting cases before the Supreme Court.
The syllabus for the AOR examination covers a wide range of legal subjects and procedures, including:
- The Indian Constitution and its interpretation by the Supreme Court of India.
- The Code of Civil Procedure, 1908, and the Supreme Court Rules, 2013.
- The Code of Criminal Procedure, 1973, and the Supreme Court Rules, 2013.
- The Indian Evidence Act, 1872, and the Supreme Court Rules, 2013.
- The Limitation Act, 1963.
- The Arbitration and Conciliation Act, 1996.
- The Contempt of Courts Act, 1971.
- The Right to Information Act, 2005.
- The Consumer Protection Act, 1986.
- The Family Courts Act, 1984.
The syllabus also covers legal research and writing skills, including case analysis, drafting of pleadings, and legal submissions. Additionally, the examination tests the candidate’s knowledge of the procedural aspects of filing and presenting cases before the Supreme Court.
The Advocate on Record examination syllabus covers a wide range of legal subjects and procedures, as well as legal research and writing skills. Aspiring candidates must have a thorough understanding of the Indian legal system, and the procedural aspects of the court, and possess strong analytical and drafting skills to pass the examination.
What Advocate on Record Exam Consist:
The Advocate on Record (AOR) examination in India is conducted by the Supreme Court of India. Its primary aim is to test the knowledge and competence of lawyers who wish to represent clients in court. The examination consists of two papers:
The written examination consists of two parts. The first part is a multiple-choice question (MCQ) test. The second part is a subjective test that includes short-answer questions, long-answer questions, and essay-type questions. The written examination is designed to test the candidate’s knowledge of the law and its application. As well as their ability to analyze legal problems and provide solutions.
After clearing the written examination, candidates must complete practical training for three months. This Training must be under the guidance of an experienced Advocate on Record. The practical training includes observing court proceedings, drafting petitions and pleadings, and filing and presenting cases before the Supreme Court.
The Advocate on Record (AOR) exam in India requires a candidate to undergo one year of primary training under a senior advocate before appearing for the examination. The candidate must inform the Supreme Court of their training with a senior lawyer, stating their intention to become an advocate on record. The AOR exam is usually held between May and June. It has four different papers with a total of 27 questions divided into 4 papers. Each paper has a duration of 3 hours. Passing a paper requires a minimum of 50% marks, with an aggregate of 60% in all subjects.
The syllabus for the AOR exam covers various subjects.
It covers the practice and procedure of the Supreme Court. It also includes relevant provisions in the Constitution of India, Supreme Court rules, and relevant provisions of the Civil Procedure Code, Limitation Act, and Court Fees Act.
It covers drafting, including petitions for special leave and statements of cases, the petition of appeal, written statements in suits under Article 131 of the Constitution of India, review petitions under Article 137 of the Constitution of India, and transportation under Section 25 of the CPC.
It covers advocacy and professional ethics, including the Advocate Act, and cases reported under the Advocate Act. Moreover, particularly disciplinary proceedings, and cases relating to contempt of court involving advocates, the Bar Council of India rules, and the Supreme Court rules of 2013.
It covers leading cases, including notes on leading cases. The registry of the candidates makes Paper Four available at the examination hall. This paper must be returned immediately to the invigilators at the end of the examination.
The AOR examination is considered one of the most challenging and prestigious examinations in the Indian legal system. Clearing the examination requires a thorough understanding of the law, strong analytical skills, and practical experience in legal practice.
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