A Supreme Court (SC) Bench recently imposed a cost of ₹2,000 on an advocate-on-record (AoR) for sending a young junior to appear before the Bench without any papers.
About Advocate-on-Record (AoR)
- The concept of AoR was introduced by the SCwith 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 pleading 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.
Q1: What is Vakalatnama?
Vakalatnama is a written document that is given by a client to an advocate to appear and or plead before any court of law on behalf of him. The term "Vakalatnama" is derived from the Persian language, where "vakil" means "lawyer" and "nama" means "document" or "paper."It is also known as a memo of appearance, Vakilat Patra, VP.