In the Supreme Court of India, there are two types of legal practitioners you will commonly hear about: Advocates and Advocates-on-Record (AORs). While both are qualified advocates, their roles and responsibilities in the Supreme Court are quite different.
An Advocate is a person who is enrolled with a State Bar Council under the Advocates Act, 1961. This means they are allowed to practice law in courts across India, including High Courts and lower courts. However, when it comes to the Supreme Court, their powers are limited. Although they can argue and appear in cases (with permission or when instructed by an AOR), they are not allowed to file a case directly in the Supreme Court.
On the other hand, an Advocate-on-Record (AOR) is a specially qualified advocate who has passed a tough examination conducted by the Supreme Court of India. To become an AOR, a person must first have at least four years of legal practice, followed by one year of training under a senior AOR, and then pass the Advocate-on-Record exam. Only after completing this process can a lawyer be officially recognized as an AOR.
One of the most important differences is that only AORs are permitted to file petitions, appeals, and other documents in the Supreme Court. If any person wants to file a case in the Supreme Court, they must do so through an AOR. The Supreme Court rules are strict, and to maintain quality and accountability, the Court has made it compulsory to use an AOR for official filings. Even if another advocate is arguing the case, the documents must be filed through the AOR, whose name appears on the court record.
Another key point is responsibility. An AOR is personally accountable to the Court for all filings, court fees, deadlines, and procedural compliance. If anything goes wrong—like a delay in filing or a missing document—the Court holds the AOR responsible, not the arguing advocate.
In short, while any advocate can argue in the Supreme Court (with the Court’s permission or through instructions), only Advocates-on-Record have the exclusive right to file and manage cases directly. This system ensures that the highest court in the country maintains high standards of practice and professionalism.