Advocate-on-Record (AoR) – Supreme Court of India Filings

The Advocate-on-Record (AoR) system is a distinctive feature of the Supreme Court of India. Under the Supreme Court Rules, 2013, only an Advocate-on-Record is authorised to file cases, enter appearances, and act on behalf of parties directly before the Supreme Court. This page provides an overview of the AoR system, the role of an Advocate-on-Record, and the types of filings handled by the practice.

What Is an Advocate-on-Record?

An Advocate-on-Record is an advocate who has been designated as such by the Supreme Court of India after qualifying through the Advocate-on-Record Examination. This examination is conducted by the Supreme Court and tests the candidate’s knowledge of constitutional law, procedural law, and the rules and practice of the Court. Prior to appearing for the examination, the advocate must have completed a period of training under a Senior Advocate or an Advocate-on-Record designated by the Court.

The AoR designation is not merely a title; it carries specific responsibilities. An Advocate-on-Record is responsible for the filing, service, and conduct of cases before the Supreme Court. The AoR is required to maintain a registered office in Delhi and is expected to be available for the Court’s process. The AoR signs and files all petitions, applications, and documents on behalf of the party and is responsible for ensuring compliance with the Court’s rules regarding filing, pagination, indexing, and service of papers.

Why an AoR Is Required for Supreme Court Filings

No advocate, other than an Advocate-on-Record, can file a case before the Supreme Court of India. This requirement exists under Order IV of the Supreme Court Rules, 2013. Any party seeking to approach the Supreme Court, whether by way of a Special Leave Petition, a writ petition, an appeal, a transfer petition, or any other proceeding, must engage an Advocate-on-Record for the purpose of filing.

While a party may also engage a Senior Advocate or other counsel to argue the matter in court, the Advocate-on-Record remains the counsel of record and is responsible for the procedural conduct of the case. The AoR ensures that all filings are in order, that the necessary documents and annexures are properly compiled, and that the case is listed as per the Court’s procedures.

Types of Filings Handled

As an Advocate-on-Record, the practice handles the following types of filings before the Supreme Court of India:

Special Leave Petitions (SLPs)

Special Leave Petitions under Article 136 of the Constitution of India are the most common mode of approaching the Supreme Court. An SLP may be filed against any order or judgment of a High Court, tribunal, or other judicial or quasi-judicial body. The practice files SLPs in criminal, civil, and commercial matters, ensuring that the petition is drafted with precision, supported by the necessary annexures, and filed within the limitation period prescribed by the Court’s rules.

Writ Petitions Under Article 32

Writ petitions under Article 32 of the Constitution may be filed directly before the Supreme Court for the enforcement of fundamental rights. The practice files writ petitions in matters involving violations of fundamental rights, including the right to life and personal liberty, the right to equality, and the right to freedom of speech and expression.

Transfer Petitions

Transfer petitions seeking the transfer of cases from one court or state to another are filed before the Supreme Court under the applicable provisions of the Code of Civil Procedure, the BNSS (erstwhile CrPC), and the relevant matrimonial statutes. The practice files transfer petitions in both civil and criminal matters.

Bail Applications and Criminal Matters

Bail applications before the Supreme Court, whether regular bail, anticipatory bail, or interim bail, are filed and handled by the practice. Given the urgency that bail matters often require, the practice is equipped to file such applications on short notice and to seek urgent listing before the Court.

Review Petitions and Curative Petitions

The practice also files review petitions under Article 137 of the Constitution and Order XLVII of the Supreme Court Rules, as well as curative petitions in appropriate cases. These are remedies available against the final orders of the Supreme Court and require careful drafting, as the grounds for seeking review are limited and well-defined.

Filing Process and Timelines

The Supreme Court has specific requirements regarding the format, content, and timelines for filing. These include requirements regarding the limitation period for filing SLPs (typically 90 days from the date of the impugned order in civil matters and 60 days in criminal matters), the format of the petition, the necessary annexures, the court fee, and the process of service. As an Advocate-on-Record, the practice is fully conversant with these requirements and ensures that all filings are complete and in compliance with the Court’s rules.

The Supreme Court has transitioned to e-filing, and the practice regularly files cases electronically through the Court’s e-filing portal. This enables efficient filing and tracking of cases.

Engaging an Advocate-on-Record

If you require the services of an Advocate-on-Record for filing or conducting a matter before the Supreme Court of India, you may reach out through the Contact page. The practice provides consultations to assess the matter, advise on the appropriate course of action, and handle all aspects of the filing and conduct of the case before the Court.