Anoohya Rayadurgam
240754
Senior Advocates, Advocates on record – how they get their titles,
what they do, and the difference between Senior Advocates,
Advocates on record and Advocates.
Who is an Advocate?
Any practitioner of law, enrolled with a State Bar Council under the
Advocates Act, 1961 is an Advocate. This enrollment gives them the right to
practice in India (including the Supreme Court) and before any authority that
where advocates are permitted by law.
Duties and tasks of an Advocate
An advocate's duties and tasks include providing legal advice and
consultation, conducting thorough legal research on relevant laws and
precedents, drafting and reviewing legal documents such as pleadings,
contracts, and affidavits, representing clients in court proceedings through
arguments and cross-examinations, negotiating settlements when
appropriate, maintaining strict client confidentiality, adhering to professional
ethics and codes of conduct, staying updated with evolving laws and legal
interpretations, managing case documentation and evidence, and educating
clients about their legal rights and obligations.
Throughout all these functions, advocates must maintain unwavering
integrity, demonstrate professional competence, and uphold the principles of
justice while zealously advocating for their clients within the boundaries of
law.
Who is a Senior Advocate?
A Senior Advocate is a legal professional recognized for their expertise,
experience, and standing in the legal community. In India, the designation of
Senior Advocate is governed by Section 16 of the Advocates Act, 1961, and
is conferred by the Supreme Court or a High Court upon advocates who, in
the opinion of the court, have demonstrated exceptional ability, special
knowledge, or significant experience in law. According to the Act, an
advocate may, with their consent, be designated as a senior advocate if the
Supreme Court or high court deems them of deserving of such distinction.
The Supreme Court has established a formal process for designation
through its "Guidelines for Designation of Senior Advocates by the Supreme
Court of India, 2023." The designation is managed by a Permanent
Committee known as the "Committee for Designation of Senior Advocates,"
chaired by the Chief Justice of India and including two senior-most Supreme
Court judges, the Attorney General, and a nominated Bar member.
Duties and tasks of a senior Advocate
A Senior Advocate’s tasks include providing expert legal opinions on complex
matters, appearing in court for significant cases (always accompanied by a
junior advocate), offering strategic legal guidance, mentoring junior lawyers,
contributing to the development of legal jurisprudence through scholarly
articles and lectures, and serving as amicus curiae when appointed by
courts. Senior Advocates focus primarily on courtroom advocacy and legal
consultation rather than routine documentation, as they are prohibited from
drafting pleadings, filing vakalatnamas, or accepting briefs directly from
clients.
They are expected to handle constitutional matters, high-profile
litigation, and cases involving intricate legal questions that require their
specialized expertise and experience.
Who is an Advocate on Record?
An Advocate on Record (AOR) is a specialized advocate authorized to file
cases and represent clients directly in the Supreme Court of India. This
designation is governed by Order IV of the Supreme Court Rules, 2013,
framed under Article 145(1) of the Constitution, which grants the court
authority to regulate its procedures. This role ensures that matters reaching
the apex court meet high standards of preparation and procedural
compliance.
The AOR system is established under Order IV of the Supreme Court Rules,
2013, and derives its constitutional basis from Article 145(1) of the Indian
Constitution7. Under these provisions, only an AOR can file an appearance,
act, or file a Vakalatnama (document appointing an advocate) in the
Supreme Court. This exclusive right means that even if other advocates wish
to address the court, they must receive explicit instructions from an AOR. To
attain this coveted status, advocates must pass the demanding Advocate on
Record examination conducted by the Supreme Court.
Tasks and duties of an Advocate on Record
The tasks of an Advocate on Record include filing petitions, appeals, and
other documents directly with the Supreme Court Registry, maintaining
proper records of all case proceedings, ensuring compliance with Supreme
Court rules and procedures, appearing before the Supreme Court to
represent clients, signing vakalatnamas (authorization documents) that
permit them to act on behalf of clients, mentioning urgent matters before
the Chief Justice or designated benches, coordinating with senior advocates
when complex legal arguments are required, maintaining client
communication throughout proceedings, filing review petitions when
necessary, and being accountable for all submissions made to the court.
Unlike regular advocates, AoRs must pass a specialized examination
conducted by the Supreme Court to obtain this designation, which grants
them the exclusive right to file matters before the Supreme Court, making
them essential intermediaries in the apex court's judicial process.
