Want to practice in the Supreme Court? Only an Advocate on Record (AOR) can open that door. This in-depth guide breaks down AOR privileges, from exclusive filing rights and client communication access to chamber facilities, financial benefits, and the strict accountability that comes with this elite status. Discover what truly sets AORs apart in India’s legal hierarchy.

Every lawyer knows the feeling. A client’s case reaches a dead end in the High Court, but there’s one last shot, a Special Leave Petition to the Supreme Court. Your client looks at you with hope. You’ve handled everything so far, won cases for them, guided them through complex legal battles. 

But now you have to tell them something awkward: “I can’t handle this. We need someone else.” 

Not because you’re incompetent. But because you’re missing a piece of paper called AOR registration. And without it, the Supreme Court will literally refuse to accept your documents.

This happens thousands of times every year in India. Brilliant lawyers, accomplished advocates, even senior advocates who command astronomical fees, all hitting the same brick wall.

They cannot access India’s highest court independently. They need intermediaries. They need Advocates on Record. Only 3789  out of 15 lakh lawyers have this credential, creating a bottleneck so tight that it fundamentally reshapes how justice works in this country. 

The irony is that AORs didn’t earn their power through courtroom excellence or groundbreaking legal scholarship. They earned it by passing a specific exam and getting registered with the Supreme Court. 

The Supreme Court created this system to ensure quality control and accountability, but in practice, it created a legal aristocracy, an exclusive club within the profession where privilege flows not from talent but from a regulatory designation.

Understanding AOR privileges isn’t just academic curiosity, it is essential knowledge if you’re navigating India’s legal system as a lawyer, a law student deciding your future, or a client trying to understand why your legal bill just doubled because you need to bring in another lawyer for Supreme Court work. This comprehensive guide reveals exactly what Advocates on Record can do, what they cannot do, how they actually work with other lawyers, what they earn, what they’re personally liable for, and why this system.

What is an Advocate on Record (AOR), Their Role and Importance

An Advocate on Record is an advocate specially entitled under Order IV of the Supreme Court Rules, 2013 to both act and plead for parties in the Supreme Court of India. 

This definition comes directly from Rule 2(1)(b) of Order I of the Supreme Court Rules, 2013 framed under Article 145 of the Constitution of India which empowers the Supreme Court to make rules regulating its practice and procedure. What makes AORs special isn’t just that they can argue cases, it’s that they have exclusive rights that no other lawyer possesses.

The AOR occupies a unique position in India’s legal hierarchy. Think of them as officers of the Supreme Court who serve a dual role: they represent their clients while also ensuring the smooth functioning of the apex court. 

This is why the Supreme Court in State of Punjab v. Ashok Singh Garcha [2008] observed that one of the objects of the AOR system is “to ensure that advocates well versed with the Supreme Court Rules and experienced in drafting petitions will prepare and file them.” The court doesn’t want inexperienced advocates fumbling with complex constitutional matters.

Here’s the practical reality: without an AOR, you simply cannot access the Supreme Court. Even if you’re the most brilliant senior advocate with decades of High Court experience, you cannot file a single document in the Supreme Court without partnering with an AOR. Even if you’re a law firm with 50 partners specializing in constitutional law, you cannot represent clients in the Supreme Court unless you have AOR registration. This exclusive gatekeeper role makes AORs indispensable to Supreme Court litigation.

As of October 2025, only 3789 advocates are registered as Advocates on Record with the Supreme Court. Compare this to over 15 lakh practicing lawyers in India, and you understand the exclusivity. The Supreme Court maintains an official register of all AORs with unique identification codes, and every document filed in the Supreme Court must carry an AOR’s unique code. This isn’t just a formality, it’s a tracking system that ensures accountability at the highest level of India’s judiciary.

The AOR system serves multiple purposes in the Supreme Court ecosystem. First, it ensures quality control since only advocates who have passed a rigorous four paper examination covering Supreme Court practice and procedure, drafting, professional ethics, and leading cases can become AORs. Second, it ensures accountability since AORs are personally liable for proper conduct of cases, timely filing, and accurate drafting. Third, it ensures efficiency since  having a pool of trained advocates familiar with Supreme Court procedures reduces delays and procedural errors. The Delhi High Court in Balraj Singh Malik v. Supreme Court of India through its Registrar General [AIR 2012 DELHI 79] upheld the AOR system, noting that “there are various responsibilities cast upon the AOR who files the case on behalf of his client and such an AOR has to have necessary qualification to act in that capacity.”

Why Does the Supreme Court Have an Exclusive AOR System?

The exclusive AOR system exists because the Supreme Court isn’t just another court, it’s the final court of appeal for 1.4 billion people, the guardian of the Constitution, and the resolver of interstate disputes. The court handles matters that can literally shape the future of the nation. For such a court to function efficiently, it needs advocates who are specifically trained in its unique procedures, rules, and constitutional jurisdiction. Let me explain why this exclusivity is necessary and what problems it solves.

The Supreme Court has original jurisdiction (Article 131-interstate disputes), appellate jurisdiction (Articles 132,136-appeals from High Courts), and advisory jurisdiction (Article 143-Presidential references). It also has extraordinary powers under Article 32 (fundamental rights enforcement) and Article 142 (complete justice powers). No other court in India has such diverse and powerful jurisdiction. Handling these matters requires advocates with specialized knowledge of constitutional law, Supreme Court Rules, precedent analysis, and complex procedural requirements. This is precisely why the court cannot allow any advocate to simply walk in and start filing cases.

Consider the practical problems that would arise without the AOR system. 

First, quality control would collapse, advocates unfamiliar with Supreme Court procedures would file poorly drafted petitions, violate Supreme Court Rules, miss critical procedural steps, and clog the registry with defective filings. 

Second, accountability would be impossible, if any advocate could file cases without registration, tracking who is responsible for what case becomes nightmarish. 

Third, client protection would suffer, unqualified advocates could take clients’ money, file improper petitions, miss limitation periods, and cause irreparable harm. The AOR system prevents all these problems.

The historical evolution also explains this exclusivity. Before 1966, any advocate could practice in the Supreme Court. However, this led to quality issues, procedural violations, and difficulties in managing cases. The Supreme Court then framed Order IV of the Supreme Court Rules, 1966 (later revised in 2013) creating the AOR category. 

Here’s an analogy that helps explain this: imagine if any doctor could walk into an advanced cardiac surgery operation without specialized training. The results would be disastrous. Similarly, Supreme Court litigation involves complex constitutional questions, intricate procedural requirements, and high stakes outcomes. The AOR system is the Supreme Court’s way of ensuring that only trained, qualified advocates handle such matters. It’s not elitism, it’s ensuring competence at the apex of India’s judicial system.

How do AORs differ from Regular Advocates and Senior Advocates in terms of privileges?

Understanding the distinction between AORs, regular advocates, and senior advocates is crucial because these categories have fundamentally different privileges in Supreme Court practice. Many law students and even practicing advocates confuse these roles, so let me clarify exactly what sets AORs apart and why this matters for your career planning.

An Advocate on Record has exclusive filing and appearance rights in the Supreme Court. According to Order IV, Rule 1(b) of the Supreme Court Rules, 2013, no advocate other than an AOR shall appear,plead and address the Court in a matter unless he is instructed by the advocate on record or permitted by the Court. This means a regular advocate,even with 20 years of High Court experience,  cannot file a single vakalatnama, petition, or application in the Supreme Court. The AOR is the only one legally authorized to file documents on behalf of a client.

A Senior Advocate, despite their prestigious designation and expertise, also cannot file cases independently in the Supreme Court. 

Here’s how it works in practice: If you’re a client with a Supreme Court matter, you MUST engage an AOR first. The AOR files your vakalatnama, drafts and files your petition with their unique AOR code, and becomes the primary contact for all court communications. If you want a senior advocate to argue your case (which clients often do for complex constitutional matters), the AOR then “instructs” that senior advocate to appear and argue. The senior advocate cannot do this independently, the AOR’s instruction is mandatory. This makes the AOR the anchor of every Supreme Court case.

A regular advocate who is not an AOR can work as “briefing counsel” or “junior advocate” in Supreme Court matters. Briefing counsel can assist the AOR in drafting, legal research, collecting documents, preparing written submissions, and attending conferences. However, they cannot file any document in the Supreme Court, cannot sign on court papers, cannot receive court notices, and cannot claim to represent the client independently. Their role is purely assistive, they work under the AOR’s supervision and authority.

The practical impact of these distinctions is significant for your career trajectory. If you’re practicing in a High Court and your client’s case goes to the Supreme Court, you cannot continue representing that client unless you’re an AOR. You’ll have to associate with an AOR who will file the case, or you can work as briefing counsel under an AOR.

There’s also a financial distinction worth noting. 

The AORs typically charge ₹15,000–₹20,000 merely to file the vakalatnama or submit a petition.

Once an AOR gains 3–4 years of professional experience, direct client matters typically generate ₹75,000–₹1,00,000 per case in the Delhi market. More intricate cases can command fees in the range of around ₹2,00,000. 

So becoming an AOR opens up a specific income stream, the filing and procedural work  that regular advocates cannot access. This is why many successful High Court advocates pursue AOR qualification even late in their careers.

What are the Exclusive Privileges of Advocates on Record

Now let me walk you through the complete catalogue of AOR privileges, the specific rights that make AORs unique in India’s legal profession. I’ll organize these by category so you understand not just WHAT privileges exist but also HOW they work in practice and WHY they matter for Supreme Court litigation. This section is the heart of understanding AOR powers.

Exclusive Filing Privileges of Advocates on Record

Filing privileges are the cornerstone of AOR power. Without these exclusive rights, the entire AOR system would collapse. Let me explain exactly what AORs can file, what statutory provisions grant these rights, and what happens if someone tries to bypass this system. These are the privileges that make AORs absolutely indispensable for Supreme Court access.

What are the Statutory Provisions Granting Exclusive Filing Rights

The exclusive filing rights of AORs come from Rule 1(b) of Order IV of the Supreme Court Rules 2013 which states explicitly that no advocate other than an AOR shall be entitled to file an appearance or act for a party in the Court. This single rule is the statutory foundation for AOR filing monopoly. 

Rule 7(a) of Order IV of the Supreme Court Rules 2013 further specifies that upon filing a memorandum of appearance on behalf of a party accompanied by a vakalatnama, the AoR is authorised to act as well as to plead for the party in the matter and to conduct and prosecute before the court all proceedings that may be taken in respect of the said matter.

This means the AOR’s authorization begins at the moment of filing the vakalatnama and not before. Until an AOR files the vakalatnama, there is no legal representation before the Supreme Court. No other advocate can step in and claim to represent the client.

The Supreme Court has upheld this provision multiple times. In Vijay Dhanji Chaudhary v. Suhas Jayant Natawadkar [2011], the  Supreme Court observed that many SLPs (Special Leave Petitions) were being filed by AORs without taking responsibility for the case, essentially name lending. The court issued notices to the Supreme Court Bar Association (SCBA) and Supreme Court Advocate on Record Association (SCAORA) to find solutions, emphasizing that AORs must actually perform the work, not just lend their signatures.

What’s the practical impact?

It means if you’re an AOR, you hold immense power, you are the gateway through which all Supreme Court litigation must pass. Clients need you, senior advocates need you, law firms need you. Without your signature and AOR code on a document, that document has no legal standing in the Supreme Court. This is why AOR registration commands respect and economic value in the legal profession. It’s a government granted monopoly on Supreme Court filing services.

What Documents can an AOR File in the Supreme Court?

AORs have exclusive authority to file a comprehensive range of documents in the Supreme Court, and understanding this complete list helps you grasp the full scope of AOR filing privileges. Let me break down each major category of documents that only AORs can file, starting with the most fundamental.

Vakalatnama Filing: The Foundation of AOR Representation

The vakalatnama is the foundational document that establishes the AOR client relationship before the Supreme Court. Only an AOR can file a vakalatnama on behalf of a client, this isn’t just a technical rule, it’s the legal mechanism that creates representation. The vakalatnama is a written authorization from the client appointing the AOR to represent them in the Supreme Court matter. Without a valid vakalatnama filed by an AOR, there is no legal representation.

Order IV, Rule 7(a) of the Supreme Court Rules 2013 states that upon filing a memorandum of appearance on behalf of a party accompanied by a vakalatnama, the AoR is authorised to act as well as to plead for the party in the matter and to conduct and prosecute before the court all proceedings that may be taken in respect of the said matter.

This means the moment you file the vakalatnama, you’re legally empowered to take all subsequent actions in that case. You can file applications, appear in court, instruct other advocates, and handle all procedural matters.

Here’s the critical point: even a senior advocate with 40 years of Supreme Court practice cannot file a vakalatnama if they’re not an AOR. Even a law firm with 100 partners cannot file a vakalatnama unless the firm itself is registered as an AOR (which requires all partners to be AORs). This makes the vakalatnama filing privilege the most fundamental AOR power, it’s the document that starts everything else.

In practice, clients engage you as their AOR by executing a vakalatnama in your favor. You then file this vakalatnama along with your memorandum of appearance in the Supreme Court Registry. The Registry verifies your AOR code, accepts the filing, and from that moment forward, you are the client’s legal representative of record. All future court notices, orders, and communications will be addressed to you. This makes you the primary point of contact between the client and the Supreme Court.

Filing Caveats

A caveat is a preventive legal document filed by a party who apprehends that another party might file a case against them without giving them notice. Under section 148A of the Code of Civil Procedure, 1908 and Supreme Court practice, caveats ensure that before any ex parte order is passed, the caveator (the person who filed the caveat) gets a hearing opportunity. Only an AOR can file a caveat in the Supreme Court.

This caveat filing privilege is particularly important in high stakes commercial and constitutional matters where ex parte interim orders can cause immense damage. Imagine you’re a company that suspects your business rival might file a sudden writ petition or SLP seeking stay orders against you. If you have an AOR file a caveat on your behalf, the Supreme Court Registry will alert you before passing any order in that matter, giving you a chance to be heard. Non-AOR advocates cannot provide this protection.

Caveats remain valid for 90 days and must be renewed if needed. The caveat filing must bear the AOR’s unique code and signature. If you’re an AOR handling corporate litigation or constitutional matters where your clients face sudden legal attacks, your caveat filing privilege becomes a crucial protective tool. Clients value AORs who proactively file caveats to safeguard their interests.

Filing Main Petitions, Applications and AOR certification

The right to file the main petition itself, whether it’s a Special Leave Petition (SLP) under Article 136, a Writ Petition under Article 32, a Transfer Petition under Section 25 of Code of Civil Procedure, 1908, or any other original or appellate proceeding in the Supreme Cour is the core of AOR filing privileges.

Similarly, for all applications filed in pending matters, interim applications, modification applications, impleadment applications, clarification applications, only the AOR can file them. Suppose your client’s case is pending in the Supreme Court and a sudden development requires filing an urgent application. The AOR handling that case is the only person who can draft and file that application. Briefing counsel, no matter how qualified, cannot file it. Senior advocates, despite their expertise, cannot file it. Only the AOR.

Filing Review, Curative, Contempt Petition and Original Suit

AORs have exclusive authority to file review petitions under Article 137 of the Constitution when a party seeks review of a Supreme Court judgment. Review jurisdiction is discretionary and limited.

The Supreme Court shall not entertain the review petition except on the ground mentioned in Order XLVII, rule I of the Code of Civil Procedure,1908, and in a criminal proceeding except on the ground of an error apparent on the face ofthe record. 

The application for review shall be accompanied by a certificate of the Advocate on Record certifying that it is the first application for review and is based on the grounds admissible under the Rules.

Curative petitions are an even more extraordinary remedy available when review has been dismissed and the party can show that there was a violation of principles of natural justice. 

The Supreme Court introduced curative jurisdiction in Rupa Ashok Hurra v. Ashok Hurra [(2002) 4 SCC 388] to prevent abuse of process while also ensuring that genuine grievances aren’t left without remedy. Curative petitions must be filed by AORs with certification from senior advocates. This makes the AOR’s filing role crucial in accessing this last resort remedy.

Contempt petitions under Article 129 of the Constitution of India (which gives the Supreme Court power to punish for contempt) can only be filed by AORs. If someone violates a Supreme Court order and your client wants contempt proceedings initiated, you as the AOR must file the contempt petition. This filing privilege gives AORs power to enforce Supreme Court orders and protect their clients’ interests when others disobey court directions.

Original Suits under Article 131 of the Constitution (interstate disputes, Union vs. State disputes) are filed directly in the Supreme Court’s original jurisdiction, there’s no appeal from a lower court. These suits involve complex questions of federal relations, interstate river disputes, boundary disputes, and constitutional interpretation. Only AORs can file original suits under Article 131 of the Constitution.

Filing Appearances, Applications and Affidavits

Beyond main petitions, AORs have exclusive authority to file all supporting documents required in Supreme Court proceedings. This includes filing appearances (memorandum of appearance when you enter a case), interlocutory applications (for interim orders, adjournments, early hearing, etc.), written submissions, compilation of documents, and affidavits. Each of these requires the AOR’s signature and unique code.

Affidavit filing is particularly important because Supreme Court proceedings heavily rely on affidavits to present facts. Whether it’s an affidavit from the client deposing to facts, an affidavit of service proving that notice was served on the opposite party, or an affidavit in reply responding to the other side’s claims, all must be filed by AORs. Non-AOR advocates can help draft these documents, but only the AOR can actually file them with the Registry.

The practical workflow looks like this: You (as AOR) receive instructions from your client and briefing counsel to file an interim application seeking stay of a High Court order. You draft the application (or your briefing counsel drafts it and you review), prepare the necessary affidavit, compile supporting documents, ensure compliance with Supreme Court Rules on formatting and service, add your unique AOR code, sign the papers, and file them at the Registry. Every step after drafting requires your AOR status. This is why clients pay AORs not just for legal advice but for their exclusive access to the Supreme Court filing system.

What Happens If Documents Are Filed Without an AOR?

Understanding the consequences of unauthorized filing without an AOR helps you appreciate why this privilege system exists and why it’s strictly enforced. The Supreme Court Registry acts as the first gatekeeper, and the consequences for improper filing are serious. Let me explain what actually happens when someone tries to bypass the AOR system.

Legal Consequences of Unauthorized Filing

If a non-AOR advocate attempts to file documents in the Supreme Court, whether it’s a vakalatnama, petition, application, or any other document, the Supreme Court Registry will refuse to accept the filing. The Registry has strict instructions to verify the AOR code on every document presented. If there’s no valid AOR code, or if the code doesn’t match a registered AOR, the filing is rejected at the counter itself. The document never enters the official court record.

In cases where a document somehow slips through initial screening and is later discovered to lack proper AOR authorization, the Supreme Court has the power to dismiss or reject that filing.

The Supreme Court has also taken disciplinary action against advocates who falsely claim to be AORs. If an advocate represents to clients that they can file Supreme Court cases when they’re not actually registered AORs, the advocate can face suspension or removal from the Bar Council rolls. Clients who suffer financial loss due to such misrepresentation can also file civil suits for damages against the advocate.

Exclusive Communication and Correspondence Privileges

Communication privileges are equally important as filing privileges, though they get less attention. These privileges make the AOR the sole official channel of communication between the Supreme Court and the client, every notice, summons, and correspondence flows through the AOR. This creates both privilege and responsibility. Let me explain how this system works and why it matters.

Who Receives All Court Notices in Supreme Court Cases?

AOR as the Primary Contact for Supreme Court Court Communication

Once an AOR files a vakalatnama and enters appearance in a Supreme Court matter, that AOR becomes the primary, indeed, the ONLY  official contact for all court communications. Order IV, Rule 12 of the Supreme Court Rules 2013 makes this explicit. Every notice, order, judgment, summons, or other document issued by the Supreme Court in that matter will be sent to the AOR’s registered address or email. The court will not communicate directly with the client.

In the Supreme Court, the AOR is the exclusive interface. Rule 12 of Order IV of the Supreme Court Rules 2013 requires every AOR to notify the Registrar of their email address and office address in Delhi, and any change to these addresses. All Supreme Court communication sent to these registered addresses is deemed to be properly served. You cannot later claim “I didn’t receive the notice” if the court sent it to your registered address.

AOR’s Obligation to Inform Clients of Court Correspondence

The communication privilege comes with a corresponding duty, the AOR MUST promptly inform their client of all court communications. The Supreme Court expects AORs to maintain proper communication channels with their clients and ensure that clients are never blindsided by court developments.

In practical terms, this means you should establish systems to immediately forward court orders to your client, brief them on implications, advise them on next steps, and ensure they’re prepared for upcoming hearings. Many successful AORs maintain online case management systems where clients can log in and see real time status of their Supreme Court matters. Others use WhatsApp groups or email updates to keep clients informed. The method doesn’t matter, what matters is that clients are never left in the dark about court developments.

The professional ethics dimension is significant. If the court lists the case for hearing but you fail to inform your client, and the case is heard in their absence, you could face a professional misconduct complaint. The Bar Council of India’s professional conduct rules require advocates to give clients timely and honest advice about their cases.

What Are the Consequences If an AOR Misses Court Correspondence?

Personal Liability for Communication Failures

The consequences of missing or failing to act on court correspondence can be severe for both the AOR and the client. Let me be very clear about what’s at stake here: if you miss a court notice or order as an AOR, you can’t just blame the postal service or your assistant, you are personally responsible. The Supreme Court will hold YOU accountable.

First, there are financial consequences. If you miss court dates and the case is dismissed for non-prosecution, or if you miss filing deadlines and limitation periods expire, your client can sue you for professional negligence. The client can claim damages for the value of the legal right they lost due to your negligence. Imagine your client had an SLP pending that could have saved their property worth ₹10 crore, but you missed the hearing date and the SLP was dismissed, you could face a civil suit for ₹10 crore in damages.

Second, there are disciplinary consequences from the Bar Council. Missing court communications and causing harm to clients can be grounds for professional misconduct proceedings under the Advocates Act, 1961. The Bar Council can suspend your practice license, impose fines, or in extreme cases, even strike you off the rolls. Your AOR registration itself could be at risk if the Supreme Court finds that you’re not fulfilling your duties as an officer of the court.

This is why successful AORs invest in strong case management systems, reliable staff, and regular communication protocols. You might handle 50-100 Supreme Court matters simultaneously, missing even one important order could spell disaster. Many AORs maintain physical and digital case diaries, set up Google Calendar reminders for filing deadlines and hearing dates, employ full time clerks to check Supreme Court cause lists daily, and use legal case management software to track all matters. The communication privilege is only valuable if you have systems to honor the corresponding communication responsibility.

Exclusive Operational and Administrative Privileges

Beyond filing and communication, AORs enjoy operational privileges that make their daily work in the Supreme Court smoother and more efficient. These might seem like “soft” privileges compared to the hard legal powers of filing, but they significantly impact your professional life as an AOR. Let me walk you through what operational access you gain once you become an AOR.

What Special Access Do AORs Have at Supreme Court Premises?

Chamber Facilities and Supreme Court Bar Association Membership

One of the most tangible privileges of becoming an AOR is eligibility for chamber space at the Supreme Court premises or nearby areas designated for Supreme Court advocates. The committee appointed by Chief Justice of the Supreme Court manages chamber allotment for AORs, junior advocates (resident of Delhi and who regularly practice in Supreme Court) and senior advocates.

The first four vacancies shall be allotted to Advocates on Record, the fifth vacancy is allotted to Junior Advocates (Non Advocates on Record), sixth, seventh and eighth vacancies is again allotted to Advocates On Record, ninth vacancy is allotted to the Junior Advocates (Non Advocateson Record) and tenth vacancy to Senior Advocates and the cycle is repeated in the above order.

Therefore, having AOR status is a key qualification for getting chambers. These chambers aren’t just office spaces, they’re your professional home base when practicing in the Supreme Court.

The Supreme Court Rules, 2013 require every AOR to maintain an office in Delhi within a 16 kilometer radius of the Supreme Court building. This isn’t optional, it’s a registration requirement. The court wants AORs to be physically accessible for urgent matters, Registry communications, and client meetings. Many AORs fulfill this requirement by renting chambers at the Supreme Court complex itself or in nearby areas like Pragati Maidan, Tilak Marg, or Barakhamba Road.

Having a chamber at the Supreme Court complex provides immense practical advantages. You’re physically present where the action happens, you can quickly check case status at the Registry, meet clients before hearings, consult with fellow AORs on complex issues, and attend sudden urgent hearings without travel delays. They must rely on AORs even for basic tasks like physically collecting court orders or checking file status.

Supreme Court Advocate on Record Association (SCAORA) is another institutional benefit. SCAORA is the official association of all Advocates on Record, comprising AORs from across India. Once you’re registered as an AOR, you become eligible for SCAORA membership. SCAORA represents AOR interests in Supreme Court policy matters, coordinates on professional issues, provides networking opportunities, and occasionally organizes training or continuing legal education programs. Being part of this exclusive club of 3,000+ elite advocates gives you professional credibility and connections.

Access to Supreme Court Library and Resources

The Supreme Court of India has one of the finest legal libraries in Asia, containing lakhs of books, law reports, journals, and reference materials. As an AOR, you get access to this library. This is crucial when you’re researching complex constitutional questions, looking for obscure precedents, or preparing for important hearings.

The Supreme Court library houses complete sets of Supreme Court Reports (SCR), Supreme Court Cases (SCC), All India Reporter (AIR), Criminal Law Journal (Cri LJ), and other authoritative law reports dating back decades. It also has comprehensive collections of High Court reports, statutes, parliamentary debates, law commission reports, and legal treatises. For AORs handling matters requiring deep research, this library is an invaluable resource.

Can AORs Practice Exclusively in the Supreme Court?

Jurisdictional Scope of AOR Practice

One question many aspiring AORs ask is: “If I become an AOR, am I restricted to only Supreme Court practice, or can I also practice in High Courts and other forums?” The answer is important for career planning, especially if you currently have a thriving High Court practice and are considering adding AOR qualification.

The Supreme Court Rules, 2013 do NOT restrict AORs from practicing in other courts. Becoming an AOR doesn’t take away this general right, it ADDS Supreme Court exclusive access to your existing practice rights. You can continue practicing in High Courts, District Courts, Tribunals, and other forums while also handling Supreme Court matters.

In fact, this is exactly what most successful AORs do, they maintain a mixed practice. For example, you might be practicing in Delhi High Court handling commercial disputes, and also take up Supreme Court matters as an AOR. Or you might be based in Mumbai with a strong Bombay High Court practice, and maintain an associate AOR in Delhi or personally register as an AOR to handle Supreme Court work for your existing clients. The AOR registration is an enhancement, not a limitation.

The only practical limitation is the office requirement, you must maintain a registered office in Delhi within 16kms of the Supreme Court building. This means if you’re based in another city, you’ll need to establish a Delhi presence (either your own chamber or an arrangement with a Delhi based AOR or law firm). Many out station AORs maintain small chambers in Delhi that are managed by a local clerk, while they primarily practice in their home cities.

Here’s how the mixed practice works: suppose you’re an advocate based in Bangalore with a strong Karnataka High Court practice. You decide to become an AOR to serve your clients better (since many cases eventually reach the Supreme Court). You continue handling Karnataka High Court matters as before, but now when any of your clients need Supreme Court representation, you can handle it yourself rather than referring them to a Delhi based AOR. This gives you a complete service offering and prevents client leakage to Delhi lawyers.

AOR Practice in High Courts and Other Forums

From a procedural perspective, there’s no conflict in practicing as an AOR in the Supreme Court while also appearing as a regular advocate in High Courts or other forums. Your AOR status doesn’t require you to give up your State Bar Council enrollment or your right to practice elsewhere.

Some AORs choose to practice ONLY in the Supreme Court because the workload is sufficient and they prefer to specialize. These are typically AORs who handle high volume Supreme Court litigation or work with established AOR firms in Delhi where there’s constant Supreme Court work. They find it more efficient to focus exclusively on Supreme Court matters rather than splitting their time between multiple courts.

Other AORs maintain a deliberate multi court practice. This is common among senior advocates who practice in High Courts but also have AOR registration to handle their own Supreme Court matters. It’s also common among advocates practicing in areas like constitutional law, taxation, or corporate law where matters frequently travel from High Courts to the Supreme Court. Having AOR status allows these advocates to provide seamless representation across court levels.

The economic calculation also favors mixed practice for many advocates. Maintaining a strong High Court or trial court practice provides steady income while Supreme Court matters provide occasional high value engagements. This diversification makes financial sense for most advocates.

Confidentiality and Professional Privilege

This is an under discussed but legally significant AOR privilege, the confidentiality and professional privilege protections that apply to AOR client communications. While these protections apply to all lawyers under attorney client privilege principles, they have special significance for AORs because Supreme Court matters often involve sensitive constitutional, commercial, or personal issues. Let me explain how these protections work.

What Confidentiality Protections Do AORs Have?

AOR Client Privilege and Attorney Client Confidentiality

Attorney client privilege is a fundamental legal doctrine that protects confidential communications between lawyers and their clients. Section 132 of the Bharatiya Sakshya Adhiniyam prohibits advocates from disclosing any communication made to them by their clients in the course of professional employment. This privilege extends to AORs just as it does to all advocates, but its application in Supreme Court practice has unique dimensions.

As an AOR, you often handle matters of immense public interest, political sensitivity, or commercial significance. Your clients might be governments, large corporations, high profile individuals, or organizations involved in controversial issues. They share sensitive information with you, confidential documents, privileged communications, strategic decisions, personal matters, trusting that you’ll maintain confidentiality. The attorney client privilege legally protects this trust.

This means you cannot be compelled to disclose what your client told you during case consultations, what documents they shared with you for case preparation, or what instructions they gave you regarding case strategy. Even if you’re called as a witness in another proceeding and asked about your client’s communications, you have a legal right, indeed, a legal duty to refuse to answer on grounds of attorney client privilege. Breaking this privilege without client consent or legal justification constitutes professional misconduct.

The privilege applies to all communications during the course of professional employment not just oral conversations but also emails, WhatsApp messages, written instructions, shared documents, and any other information flow between you and your client for the purpose of legal advice or representation. It covers both information given by the client to you AND your legal advice given to the client. The entire professional relationship is cloaked in confidentiality.

There are limited exceptions where the privilege doesn’t apply. If the communication itself was for the purpose of committing a crime or fraud, there’s no privilege. If the client expressly consents to disclosure, you can reveal the information. If the dispute is between you and your client (for example, in a fee dispute), you can disclose communications necessary to defend yourself. 

In practical terms, this means you must maintain secure systems for storing client files, encrypting digital communications, having staff sign non disclosure agreements, and establishing protocols to prevent inadvertent disclosure. Professional discipline for AORs requires not just legal competence but also strict information security. The Supreme Court trusts you as an officer of the court to maintain these standards.

AOR Authority and Representation in the Supreme Court

Now let’s explore the representation dimensions of AOR privileges, the authority to instruct other advocates, collaborate with senior advocates, and control who appears and argues in your client’s case. These privileges define the AOR’s role as the coordinator and manager of Supreme Court litigation, even when they’re not the primary arguers. Understanding this helps you see how AOR practice actually works in high stakes matters.

Can AORs Instruct Other Advocates to Argue Cases?

Yes, absolutely and this is one of the most important AOR privileges. Order IV, Rule 1(b) of the Supreme Court Rules, 2013 explicitly states: “No advocate other than the Advocate on record for a party shall appear, plead and address the Court in a matter unless he is instructed by the advocate on record or permitted by the Court.”

Let me unpack what this means in practice and why it gives AORs significant control over Supreme Court litigation.

The rule creates a gatekeeper function, only YOU as the AOR can authorize other advocates (including senior advocates) to appear and argue on behalf of your client. Your client might want a particular senior advocate to argue the matter because of their expertise or reputation. Fine,  but that senior advocate cannot appear before the Supreme Court bench without YOUR instruction. You must formally instruct them, and this instruction gives them authorization to address the court.

How does this work procedurally? When a senior advocate is engaged for a matter, they’re instructed by the AOR through a formal letter or memorandum. The AOR’s file maintained in the Supreme Court Registry shows which advocates are instructed to appear. When the case is called for hearing and the senior advocate stands up to argue, the bench knows that they’re appearing “on instructions of [AOR name]”, the AOR is the one who brought them into the case.

How the AOR-Senior Advocate Collaboration Works

The AOR-Senior Advocate collaboration is the classic model for handling complex Supreme Court matters, and understanding this dynamic helps you appreciate how AOR privileges play out in practice. Let me describe the typical workflow so you can see where the AOR’s role is critical versus where the senior advocate leads.

The matter begins with you, the AOR. Your client approaches you with a case that needs to be taken to the Supreme Court. As the AOR, you first analyze whether the case has merit for Supreme Court consideration. You review the lower court records, identify grounds and advise the client on prospects.

If the matter is complex or high stakes, you might advise the client to engage a senior advocate for arguing. The client agrees and you suggest suitable senior advocates based on their expertise in that area of law (constitutional law, tax law, corporate law, etc.). Once a senior advocate is selected and agrees to appear, YOU send them a formal brief, a comprehensive note explaining the facts, legal issues, lower court proceedings, and your analysis of what arguments should be made.

While the senior advocate is studying the brief, YOU handle all the filing work. You draft the main petition (or supervise its drafting by briefing counsel), ensure compliance with all Supreme Court Rules on format and service, prepare the compilation of documents, prepare the list of dates, and file everything with the Registry. The senior advocate doesn’t do any of this filing work, that’s your exclusive domain as the AOR.

Once filed and listed for admission or hearing, you coordinate with the senior advocate on case strategy. They might suggest additional grounds to argue, ask for more research on certain precedents, or request a revised written submission. You or your briefing counsel prepare these materials. On the day of hearing, you appear before the bench along with the senior advocate. You might make opening remarks or procedural arguments, then hand over to the senior advocate for substantive arguments.

After the arguments are complete and the court reserves judgment or passes an order, you collect the order from the Registry, send it to your client, and handle any follow up applications needed (like modification or clarification). Throughout this process, from filing to final order, you’re the anchor while the senior advocate is the specialist brought in for their argumentative expertise.

This collaboration works well because it leverages comparative advantages. Senior advocates focus on what they do best, analyzing complex legal issues and presenting compelling arguments before the court. AORs focus on what they do best,  managing procedures, ensuring compliance with court rules, handling documentation, and maintaining client relationships. The AOR’s exclusive privileges (filing, receiving court orders, instructing others) make this division of labor legally necessary and practically efficient.

How do the responsibilities differ between the AOR and the Briefing Counsel?

The distinction between AOR and briefing counsel is often confusing for law students and young advocates, so let me clarify exactly how responsibilities differ and why both roles exist in the Supreme Court litigation ecosystem.

The AOR is the principal advocate of record who holds all exclusive privileges, filing, receiving court communications, instructing other advocates, and bearing personal liability for the conduct of the case. The briefing counsel is a supporting advocate (often a non-AOR) who assists the AOR with research, drafting, case management, and preparation but has NO independent authority to file documents or represent the client before the Supreme Court.

Think of it this way: the AOR is the licensed contractor who can legally build the house; briefing counsel are the skilled laborers who do much of the actual construction work under the contractor’s supervision and license. The contractor (AOR) bears legal responsibility for the final product, holds the building permits, and signs off on the work. The laborers (briefing counsel) contribute expertise and effort but cannot independently build without the contractor’s authorization.

In Supreme Court practice, many AORs employ briefing counsel to handle the heavy lifting of legal research, draft preparation, and case management. For example, if you’re an established AOR with 30-40 matters running simultaneously, you can’t personally draft every petition, research every issue, and attend every routine hearing. You engage briefing counsel, often younger advocates eager to learn Supreme Court practice, who work under your supervision.

The briefing counsel might draft the initial petition for your review and approval. They might research the case law on a particular legal point and prepare a note for you. They might attend routine mention hearings or adjournment matters where no substantive arguments are needed. They might coordinate with the client on factual details and document collection. All of this is valuable work, but they do it under YOUR authority as the AOR.

What briefing counsel CANNOT do without you: They cannot file ANY document in the Supreme Court,  not even a routine adjournment application. They cannot sign on the vakalatnama. They cannot receive official court notices (though you might forward copies to them). They cannot instruct a senior advocate to appear. They cannot make substantive arguments before the Supreme Court bench without your formal instruction. All these privileges belong exclusively to you as the AOR.

The relationship between AOR and briefing counsel is hierarchical but mutually beneficial. The briefing counsel gains Supreme Court exposure, learns from experienced AORs, builds their understanding of Supreme Court practice, and earns income while preparing for their own AOR exam eventually. The AOR gets skilled assistance, can handle higher case volumes, and can focus on high value activities like client relationships and court appearances while delegating routine work.

Here’s a common career pathway: A young advocate joins an AOR’s chamber as briefing counsel after 2-3 years of High Court practice. They work under the AOR for 2-3 years, learning Supreme Court procedures and drafting. During this time, they complete their mandatory 1 year training under an approved AOR. They then appear for the AOR examination and qualify. Now they become independent AORs themselves, either continuing to work with their mentor AOR on a collaboration basis or starting their own independent practice.

Who Can Appear and Plead in Supreme Court Matters?

Understanding who can actually stand up and address the Supreme Court bench is crucial because this determines how you’ll structure your practice as an AOR. The rules here are clear but have important practical implications. Let me explain who has the right of audience and how it works.

AOR’s Right to Appear and Argue Personally

As an AOR, you have an absolute right to appear and argue personally in any matter where you’re the advocate of record. This is one of your fundamental privileges as an AOR. Order IV, Rule 7(a) of the Supreme Court Rules, 2013 states that the AOR “shall be authorized to act as well as to plead for the party” once they’ve filed the vakalatnama.

This means if you’re handling a Special Leave Petition for a client, you can personally argue that SLP before the admission bench. You don’t need to engage a senior advocate unless you want to. Many AORs regularly argue their own matters, especially in less complex cases, routine matters, or areas where they have personal expertise. The Supreme Court’s admission benches see dozens of AORs daily arguing SLPs, interlocutory applications, and other routine matters.

However, here’s the practical reality: in complex constitutional matters, high stakes commercial disputes, or cases involving novel legal issues, clients often prefer to engage senior advocates for the actual arguing. 

Why? Because senior advocates are specialists in oral advocacy,  they’ve spent decades perfecting their craft, they have deep knowledge of jurisprudence in their areas, and their reputation can itself influence how seriously the bench takes the case.

This doesn’t diminish your role as AOR. You still make opening remarks, handle procedural aspects, instruct the senior advocate, provide factual background when needed, and take notes during arguments. Many Supreme Court benches call upon the AOR to clarify facts or procedural history even when a senior advocate is arguing. You’re always present and active even if you’re not the primary arguer.

Some AORs consciously develop their own argumentative skills and build reputations as capable arguers in specific areas of law. They might personally argue all their matters in, say, service law or taxation or family law, building a niche practice. Other AORs focus more on the procedural and managerial aspects of Supreme Court practice, consistently engaging senior advocates for arguments while they handle everything else. Both models work, it depends on your strengths and practice strategy.

Permitting Non-AOR Advocates to Address the Court

Rule 1(b) of the Supreme Court Rules, 2013 has an important exception: a non-AOR advocate can appear and address the Supreme Court if they are “instructed by the advocate on record OR permitted by the Court.” The “instructed by AOR” part we’ve already discussed. that’s how senior advocates appear. But what about “permitted by the Court”?

The court permission exception allows the Supreme Court benches to hear arguments from any advocate in the interest of justice, even if they’re not AORs. This is discretionary, the bench can allow it if they think it’s appropriate for the matter. For example, if a case involves a highly technical issue (say, a complex patent question) and there’s a patent specialist advocate who isn’t an AOR but has unique expertise, the bench might permit that advocate to address them despite no AOR status.

Another scenario is when the case has been pending for many years with one AOR, but that AOR is no longer available (due to health issues, passing away, or professional withdrawal), and the client’s longtime advocate from the High Court wants to argue the matter even though they’re not an AOR. The bench might permit that High Court advocate to argue given the case history, though a new AOR would still need to handle the procedural aspects.

This permission exception is used sparingly, the court doesn’t want to undermine the AOR system. But it provides flexibility for exceptional situations where justice requires hearing from a non-AOR advocate. As an AOR, you should know this exception exists, but you shouldn’t count on it as a regular practice method. The proper channel is AOR registration if you want consistent Supreme Court practice rights.

There’s also the “party in person” exception. If a party chooses to appear personally without engaging any advocate, they can address the court directly. Order IV, Rule 1(c) of the Supreme Court Rules, 2013 provides for this, though it requires filing an application explaining why they cannot engage an advocate. The Supreme Court generally discourages party in person appearances because most litigants aren’t equipped to present complex legal arguments properly, but the right exists.

What is the Role of the Briefing Counsel vs the Advocate on Record?

Let me delve deeper into this distinction because understanding the briefing counsel role helps you see how AOR practice actually functions in established chambers and law firms. The division between AOR and briefing counsel responsibilities is fundamental to how Supreme Court litigation work gets organized.

Tasks Briefing Counsel Can Perform for AORs

Briefing counsel play a crucial support role in Supreme Court litigation, handling many of the behind the scenes tasks that make effective representation possible. As an AOR, you’ll likely work with briefing counsel at various points in your career, either employing them in your chamber or serving as briefing counsel yourself early in your career. Here’s what briefing counsel typically do:

Legal research and case law analysis: Briefing counsel often specialize in deep research on specific legal issues. If you’re handling a case involving an obscure constitutional question, you might ask your briefing counsel to research all relevant Supreme Court and High Court precedents, prepare a comprehensive note analyzing the law, and identify the best arguments to make. They’ll spend hours in the Supreme Court library or on online databases, reading judgments, and distilling key principles.

Draft preparation: Much of the actual drafting work, petitions, applications, written submissions, synopsis, grounds, is done by briefing counsel under AOR supervision. A skilled briefing counsel can draft a complete SLP with grounds, relief sought, and compilation of documents. You as the AOR review the draft, make corrections and improvements, approve it, and then file it under your signature and AOR code.

Document compilation and organization: Supreme Court matters involve voluminous documentation, certified copies of lower court judgments and orders, evidence produced in trial court, relevant statutory provisions, case law, and annexures. Briefing counsel organize all these documents, ensure compliance with Supreme Court Rules on pagination and compilation, and create the final bound volumes for filing.

Client coordination: Briefing counsel often serve as the day to day contact for clients, gathering information, collecting documents, explaining case progress, and handling routine queries. This frees you as the AOR to focus on higher level strategy and court appearances. The client understands that briefing counsel are working under your supervision and authorization.

Attending routine hearings: Many Supreme Court matters have numerous routine appearances, mentions for early listing, adjournment requests, stay applications, and other procedural matters that don’t require substantive legal arguments. Briefing counsel can attend these routine hearings on your instruction, though any formal arguments or appearances must still be under your authority as the AOR.

Case management and administration: Tracking filing deadlines, maintaining case diaries, monitoring Supreme Court cause lists for your matters, coordinating with Supreme Court clerks and registry staff, arranging conferences with senior advocates, and managing the overall case workflow, these administrative tasks are often handled by briefing counsel. Good briefing counsel make your practice run smoothly by ensuring nothing falls through the cracks.

What Briefing Counsel Cannot Do Without AOR Authorization?

While briefing counsel can assist with many tasks, there are clear limits to their authority, these limits are what make AOR status valuable and necessary. Let me outline exactly what briefing counsel CANNOT do, to avoid any confusion:

Cannot file any documents independently: This is the most fundamental limitation. A briefing counsel cannot file a vakalatnama, petition, application, affidavit, or any other document in the Supreme Court Registry. Every filing requires an AOR’s signature and unique code. Even if the briefing counsel drafted the document perfectly, it has no legal validity until an AOR signs and files it.

Cannot sign on court documents: All petitions, applications, vakalatnames, and other court documents must bear the AOR’s signature. Briefing counsel cannot sign these documents. The AOR’s signature is what gives the document legal standing, it’s the AOR who is taking responsibility for the contents and accuracy of what’s being filed.

Cannot receive court notices or orders independently: All official Supreme Court communications go to the AOR’s registered address. Briefing counsel may receive copies forwarded by the AOR, but they’re not the official recipients. This means they cannot claim to represent a party based on court notices, only the AOR is the official contact.

Cannot instruct other advocates or senior advocates: The power to instruct other advocates to appear and argue belongs exclusively to the AOR. If a client wants to engage a senior advocate, it’s the AOR who sends the formal instruction. Briefing counsel cannot do this. They can coordinate logistics and share case files, but the formal instruction must come from the AOR.

Cannot appear and argue without AOR’s specific instruction: While briefing counsel might physically attend hearings, they cannot stand up and address the Supreme Court bench without the AOR formally instructing them to do so. And even with instruction, their argument happens under the AOR’s authority.

Cannot be held personally liable by the Supreme Court: The Supreme Court holds AORs personally liable for proper conduct of cases, timely filing, and payment of court fees. Briefing counsel don’t bear this personal liability because they’re not the advocates of record. This is why the privilege responsibility balance works, AORs have exclusive powers because they bear exclusive accountability.

Understanding these limitations helps you appreciate why AOR status is so valuable. As long as these filing and representation privileges remain exclusive to AORs, AOR registration will remain a crucial career milestone for any advocate aspiring to serious Supreme Court practice. Briefing counsel can be highly skilled and contribute enormously to case success, but they ultimately depend on AORs for access to the Supreme Court system.

Financial Rights and Personal Liabilities of AORs

Money matters, and understanding the financial dimensions of AOR privileges helps you see both the economic opportunities and the responsibilities that come with this status. Let me explain what fees you can charge as an AOR, what personal financial liabilities you bear, and how this affects your practice economics.

What Fees Can Advocates on Record Charge Clients?

As an AOR, you have the right to charge clients for the exclusive services you provide, filing documents, managing procedures, coordinating Supreme Court litigation, and appearing in court.

The Supreme Court Rules, 2013, establish a formal fee structure for Supreme Court case filings. In practice, however, the actual charges differ significantly from these prescribed amounts. 

Typical Fee Structure for AOR Services

Let me give you realistic numbers based on current Supreme Court practice so you can understand the economics of AOR work. These are approximate ranges,  actual fees vary based on the AOR’s experience, the nature of the matter, the client’s paying capacity, and competitive market conditions in Delhi.

The AORs typically charge ₹15,000–₹20,000 merely to file the vakalatnama or submit a petition. When more extensive drafting is required, fees increase accordingly. 

For drafting a single Supreme Court petition, AORs usually charge a base rate of ₹20,000–₹25,000, though reduced rates may apply when they assist senior lawyers rather than serving clients independently.

Once an AOR gains 3–4 years of professional experience, direct client matters typically generate ₹75,000–₹1,00,000 per case in the Delhi market. More intricate cases can command fees in the range of around ₹2,00,000. 

Court appearances constitute a separate revenue stream and prove highly profitable. 

A normal hearing can attract ₹30,000–₹50,000, while experienced practitioners often bill ₹50,000–₹1,00,000 per hearing figures comparable to senior advocate fees. 

Revenue also comes from consultation fees covering meetings with senior counsel, fellow advocates, and clients. 

Beyond per appearance charges, AORs generate income through annual retainers, case contingent payments (ranging between ₹1 lakh to ₹25 lakh or higher).

Consequently, even AORs operating outside Delhi can realistically accumulate ₹12,00,000 to ₹20,00,000 yearly from Supreme Court engagements. 

The specialized and demanding nature of Supreme Court litigation means clients accept substantial fees in exchange for expert advocacy. This dynamic positions successful AORs among India’s most sought after legal professionals and highest earning attorneys in the profession.

It’s important to note that Order IV, Rule 7(e) of the Supreme Court Rules, 2013 requires every AOR to file a certificate before taxation of bills of costs showing “the amount of fee paid to him or agreed to be paid to him by his client.”

What Court Fees Are AORs Personally Liable For?

This is the flip side of the fee charging privilege, as an AOR, you bear personal liability for payment of all court fees and charges in the matters you handle. This is a significant financial responsibility that differentiates AORs from other advocates. Let me explain what this means and why it matters.

Understanding AOR’s Financial Responsibility to the Court

Order IV, Rule 21 of the Supreme Court Rules, 2013 states that every advocate on record shall be personally liable to the Court for the due payment of all fees and charges payable to the Court. This personal liability is non-delegable, you cannot pass it off to your client, your briefing counsel, or anyone else. You are answerable to the Supreme Court for these payments.

What are these court fees? They include: (1) Filing fees for petitions and applications, these vary based on the type of matter and amount involved,(2) Service fees for serving notices on opposite parties, (3) Certified copy fees for obtaining court orders and judgments, (4) Miscellaneous fees for translation services, inspection of records, and other registry services.

When you file a petition in the Supreme Court, you must pay the court fees upfront. The Registry won’t accept your filing without proof of fee payment. As the AOR, you’re responsible for ensuring these fees are paid correctly and on time. In practice, you typically collect this money from your client along with your professional fees, but legally YOU are responsible to the court, if your client doesn’t pay you, you still owe the court fees.

If additional court fees become payable during the proceedings (say, for filing additional applications), you’re responsible for ensuring they’re paid. 

The financial responsibility creates a risk management challenge: you must carefully assess client creditworthiness before agreeing to represent them, take adequate advance payments to cover court fees, and maintain a financial buffer in case clients default. Many experienced AORs refuse to take cases from unreliable clients because the downside risk (bearing court fees personally) outweighs the upside (professional fees).

Consequences of Non-Payment of Court Fees

What happens if you don’t pay court fees that you’re liable for? 

The consequences can be severe for your AOR status and your practice. Let me outline the potential repercussions so you understand the importance of meeting this obligation.

First, the Supreme Court can refuse to process your filings. If you attempt to file a petition without paying the required court fees, the Registry will reject your filing at the counter. Your petition won’t enter the court system.

Second, the court can initiate contempt proceedings if non-payment amounts to willful disobedience of court orders or deliberate flouting of rules. If you’re specifically directed by the court to pay certain fees and you fail to comply, that’s contempt. 

Third, your client can sue you for professional negligence if your failure to pay court fees causes them legal harm. For example, if the court dismisses their petition due to non-payment of fees, or if they lose the right to appeal because limitation expires while you’re failing to file due to fee issues, they can claim damages against you. The quantum of damages could be substantial, potentially equal to the value of the legal right they lost.

From a practical standpoint, this personal liability means you need to maintain good financial management as an AOR. Successful AORs keep separate client accounts, collect court fees upfront before filing and carefully track all fee payments and receipts. 

The personal liability is the price you pay for the exclusive privileges. The Supreme Court wants someone accountable for every case, that someone is the AOR. You can charge professional fees to reflect this responsibility, but you cannot escape the responsibility itself. This makes AOR practice a high responsibility, high reward proposition.

Limitations, Restrictions, and Accountability of AORs

Privileges come with corresponding responsibilities and limitations. Understanding what you CANNOT do as an AOR is just as important as understanding what you can do. The Supreme Court has established clear boundaries on AOR powers and strict accountability mechanisms to ensure the system functions properly. Let me explain these limitations so you have a complete picture of AOR status.

What Can Advocates on Record NOT Do Despite Their Privileges?

Restrictions on Delegating Filing Responsibilities

Despite your exclusive filing privileges as an AOR, you cannot delegate your core filing responsibilities to non-AORs. Order IV of the Supreme Court Rules, 2013 makes AOR filing rights personal to each registered AOR, these privileges aren’t transferable or delegable. Let me explain what this means in practice.

You cannot authorize your briefing counsel or junior advocates to file documents on your behalf by giving them your AOR code. The Supreme Court Rules require the AOR themselves to sign documents and take responsibility for filings. 

In the case of In Re: Rameshwar Prasad Goyal, Advocate [2013], the Supreme Court took suo motu action against an AOR who had filed an extremely large number of cases but never appeared in court. This judgment makes clear that filing privileges come with filing responsibilities and you can’t have one without the other.

This means you must personally verify and approve everything filed under your name and AOR code. You cannot run a filing service where people bring you drafted petitions, you sign them without reading, and collect a signing fee. Such “name lending” violates your responsibilities as an officer of the court. You’re expected to actually review the documents, verify the facts, ensure legal grounds exist, and take professional responsibility for what’s being filed.

Similarly, you cannot subcontract your AOR work to non-AORs. Some advocates run businesses where they’re registered AORs but all actual work is done by their staff or associates who aren’t AORs, with the AOR merely providing their signature and code as a service. The Supreme Court has made clear this is unacceptable, it defeats the purpose of the AOR system, which is to ensure qualified advocates handle Supreme Court matters.

The practical implication is that as an AOR, you need to stay involved in your cases. You cannot file cases purely as a commercial service without professional engagement with the substance. This restriction protects the integrity of the AOR system and ensures accountability.

Limitations on Practice Outside Supreme Court Jurisdiction

This is an important clarification: despite being an AOR with special Supreme Court privileges, you don’t have any special privileges in other courts. Your AOR status doesn’t give you any edge in High Courts, District Courts, or Tribunals, since  in those forums, you’re just like any other advocate. The Supreme Court’s AOR system is self contained and doesn’t create a hierarchy in other courts.

What you CANNOT do is claim superior status or special treatment in other courts based on your AOR registration. Some AORs mistakenly think their AOR credentials should give them precedence in High Court matters or preferential hearing rights. This is wrong, High Courts have their own seniority systems, senior advocate designations, and practice rules. Your AOR status has no legal significance there.

You also cannot use your Supreme Court AOR designation to solicit clients for non-Supreme Court work in a misleading way. The Bar Council of India Rules on professional ethics prohibit misleading advertising. If you advertise yourself as an AOR but primarily practice in High Courts, and clients engage you thinking you have special status in High Courts because you’re an AOR, that could be misleading.

However, as I explained earlier, you CAN practice in other courts while being an AOR, there’s no jurisdictional restriction preventing you from High Court or trial court practice. The limitation is just that your AOR privileges don’t extend to those forums. You practice there as a regular advocate, subject to the same rules as everyone else.

What Happens If an AOR Violates Supreme Court Rules?

Violations of Supreme Court Rules by AORs are taken seriously because AORs are officers of the court with heightened responsibilities. The consequences can range depending on the severity of the violation. Let me explain the disciplinary framework.

Disciplinary Process and Bar Council Jurisdiction

When an AOR violates Supreme Court Rules or engages in professional misconduct, two parallel disciplinary mechanisms can activate: (1) the Supreme Court’s own supervisory and disciplinary powers over AORs, and (2) the Bar Council’s disciplinary jurisdiction over all advocates. Let me explain how each works and when they apply.

The Supreme Court has inherent powers to regulate its own officers, which includes AORs. 

According to Rule 10 of Order IV of the Supreme Court Rules 2013, the court can take suo motu action (on its own motion) when it becomes aware of misconduct, or it can act on complaints filed by clients, opposite parties, or other advocates. The Supreme Court itself investigates and decides whether misconduct occurred. The Court may make an order removing his name from the register of advocates on reccrd either permanently or for such period as the Court may think fit.

Common violations that trigger Supreme Court disciplinary action include: (1) Name lending and filing cases without actually working on them, (2) Absence of the advocate on record from the Court without any justifiable cause when the case is taken up for hearing; and (3) Failure to submit appearance slip duly signed by the advocate on record ofactual appearances in the Court.

Parallel to Supreme Court’s disciplinary powers, the Bar Council of India and State Bar Councils have jurisdiction over professional misconduct by all advocates, including AORs. The Advocates Act, 1961 and Bar Council of India Rules define professional misconduct and lay down disciplinary procedures. If an AOR’s conduct violates these standards, they can face Bar Council disciplinary proceedings.

The Bar Council disciplinary process typically begins with a complaint filed by an affected party. The State Bar Council transfers the complaint to a disciplinary committee which conducts a hearing. If misconduct is proved, the disciplinary committee can impose penalties ranging from admonishment to suspension to removal from the rolls. These penalties are independent of any action the Supreme Court takes regarding AOR status.

Grounds for Removal from the Register of AORs

Order IV, Rules 8 and 10 of the Supreme Court Rules 2013 specifies that an AOR’s name can be removed from the register for: (1) professional or other misconduct, (2) violation of Supreme Court Rules, (3) any sufficient cause. This broad formulation gives the Supreme Court significant discretion in determining when an AOR should lose their registration. Let me explain the specific grounds that typically lead to removal.

Persistent name lending and filing without engagement: If you’re repeatedly filing cases where you don’t appear, don’t know case details when questioned by the court, or are clearly just providing your signature without professional involvement, this is grounds for removal. 

Making false statements to the court: If you make material misrepresentations in your petitions, certificates, or oral submissions to the court, this is serious misconduct. AORs are officers of the court with heightened duty of honesty. Filing petitions with fabricated facts, providing false affidavits, or concealing material facts from the court can lead to removal from the register and potentially contempt proceedings.

Repeated failure to appear when matters are listed: If you file cases but routinely don’t show up when they’re listed for hearing, causing adjournments and wasting court time are grounds for removal. 

Failure to submit appearance slip duly: If you fail to submit an appearance slip duly signed by the advocate on record ofactual appearances in the Court.

Conduct indicating unfitness to remain as AOR: This is a catch all provision covering various forms of serious professional misconduct, misappropriating client money, engaging in fraud, persistent violation of professional ethics, criminal conviction for offenses involving moral turpitude, or any conduct showing you’re unfit to be an officer of the Supreme Court.

Failure to maintain required office or clerk: Remember that AOR registration requires maintaining an office within 16 kms of the Supreme Court and employing a registered clerk. If you fail to maintain these requirements, your AOR registration can be suspended or removed. The court wants AORs to be accessible and properly staffed.

The removal process usually involves notice to the AOR, investigation of the allegations, and a hearing before the the Court. If removal is ordered, your AOR registration is cancelled and your name is struck off the register. You lose all AOR privileges and you can no longer file cases, receive court communications, or hold yourself out as an AOR.

Can an AOR’s Name Be Struck Off the Register?

Yes, absolutely and this is the ultimate accountability mechanism ensuring AORs fulfill their responsibilities. While AOR status is prestigious and valuable, it’s not a permanent entitlement. Let me explain when and how removal happens, and whether there’s any way back after removal.

Circumstances Leading to Removal from AOR Register

Beyond the specific grounds mentioned earlier, there are some situational circumstances where AOR names get struck off the register. These include both disciplinary removals (for misconduct) and administrative removals (for not meeting continuing requirements).

Suspension or removal from Bar Council rolls: If the disciplinary committee of your State Bar Council suspends or removes you from their rolls for professional misconduct, you automatically lose your AOR registration. AOR status is dependent on being an enrolled advocate in good standing. If you’re not allowed to practice as an advocate at all, you obviously can’t practice as an AOR.

Designation as Senior Advocate: Interestingly, if you’re designated as a Senior Advocate by any court after becoming an AOR, you typically don’t continue filing cases as an AOR. Senior advocates traditionally don’t handle procedural filing work, they focus on arguing cases while AORs handle the filing. The Supreme Court may administratively remove your name from the AOR register if you accept senior designation, though this is more a practice convention than a hard rule.

Non-maintenance of registration requirements: If you do not maintain your registered office, don’t maintain a registered clerk, your registration can be suspended or removed. These are ongoing requirements, not one time qualifications. You must continuously maintain compliance.

Disciplinary action for serious misconduct: As discussed earlier, professional misconduct such as  fraud, dishonesty, name lending, will result in striking your name off the register.

Voluntary surrender: In rare cases, AORs voluntarily surrender their registration, maybe they’re retiring from practice, moving to judicial service where they can’t practice as advocates, or simply not interested in maintaining Supreme Court practice anymore. They can request removal of their name from the register.

Once your name is removed, all pending matters where you were the AOR of record need new AORs to be appointed. Clients must find replacement AORs to continue representing them. You lose the right to appear in those matters. If removal is for misconduct, you may also face claims from affected clients for any damages they suffered due to your removal..

Conclusion

Understanding AOR privileges is your key to appreciating what makes Supreme Court practice unique and why AOR status is so highly valued in India’s legal profession. Let me wrap up with the essential takeaways and practical significance of everything we’ve covered.

Summary of Key AOR Privileges and Their Practical Importance

Advocates on Record hold six categories of exclusive privileges that no other advocate in India possesses, not even senior advocates. First, filing privileges, only AORs can file vakalatnames, petitions, applications, affidavits, and all other documents in the Supreme Court. This monopoly makes AORs the mandatory gateway for Supreme Court access. Second, communication privileges, AORs are the sole official recipients of all notices, and correspondence, making them the information channel between Supreme Court and clients.

Third, operational privileges, AORs get chamber access at Supreme Court premises and SCAORA membership, providing institutional support that enhances their practice capabilities. Fourth, representation authority, AORs have the exclusive power to instruct other advocates (including senior advocates) to appear and argue, making them coordinators of Supreme Court litigation teams. Fifth, financial rights, AORs can charge market determined professional fees (₹15,000-3 lakh+ per case depending on experience and complexity) for their exclusive services.

Sixth, confidentiality protections, attorney client privilege shields AOR client communications from disclosure, protecting sensitive information in high stakes constitutional, commercial, or political matters. These six privilege categories work together to make AORs indispensable, you literally cannot litigate in the Supreme Court without engaging an AOR.

But privileges come with corresponding responsibilities. AORs bear personal liability for court fees, must maintain offices within 16 kms of Supreme Court building, cannot delegate core filing responsibilities to non-AORs, face strict accountability for misconduct, and can be removed from the register for violations. This privilege responsibility balance is what gives the AOR system its integrity.

How AOR Privileges Ensure Supreme Court Efficiency

The AOR system isn’t arbitrary elitism, it serves crucial functions in making the Supreme Court work efficiently. By limiting filing rights to specially trained advocates who’ve passed a rigorous examination covering Supreme Court procedures, drafting, professional ethics and leading Supreme Court cases, the system ensures quality control. Lower courts often face problems with poorly drafted petitions, procedural violations, and inadequate legal research, the AOR system prevents these problems from reaching the Supreme Court.

Having AORs as accountable officers of the court for each matter ensures someone is always responsible for case conduct. When courts send notices, they know exactly who to communicate with. When procedures need to be followed, there’s a qualified professional handling it. When clients need representation, there’s a trained advocate managing the matter. This accountability structure makes case management far more efficient than if any advocate could file cases without specialized qualification.

The AOR system also protects clients from unqualified practitioners. Requiring AOR qualification ensures that advocates handling Supreme Court matters understand constitutional jurisdiction, apex court procedures, and the high standards required for the nation’s highest court. Clients get better representation because their advocates have demonstrated competence through the AOR examination and training process.

For the legal profession, the AOR system creates healthy specialization. Not every advocate needs to be a Supreme Court specialist, most legal work happens in trial courts and High Courts. But for those who do want Supreme Court practice, the AOR system provides a clear pathway: get your law degree, enroll with Bar Council, practice for 4 years, complete 1-year training under an AOR, pass the AOR exam, and register. This structured approach ensures quality while maintaining reasonable access for dedicated advocates willing to qualify.

Frequently Asked Questions

What is the difference between an AOR, a senior advocate, and a regular advocate?

An Advocate on Record (AOR) is an advocate entitled under Order IV of the Supreme Court Rules, 2013 to file documents and represent parties in the Supreme Court.A regular advocate without AOR status cannot file any documents in the Supreme Court or independently represent clients there, though they can work as briefing counsel assisting AORs. Senior advocates can argue cases brilliantly but cannot file cases independently.

Can an AOR practice in High Courts and District Courts?

Yes, absolutely. AOR registration doesn’t restrict you from practicing in other courts. Becoming an AOR adds Supreme Court exclusive access to your existing practice rights, it doesn’t take away your right to practice elsewhere.

Do AORs have the right to withdraw from a case?

Yes, AORs can withdraw from representing a client, but they must follow proper procedure. The AOR must file an application before the Supreme Court seeking permission to withdraw from the case, stating reasons for withdrawal. The court will typically grant permission if the request is reasonable, notice is given to the client and the client has time to engage another AOR. However, you cannot withdraw at the last moment before important hearings in a way that prejudices the client’s case.

What fees is an AOR personally liable for in the Supreme Court?

AORs are personally liable for all court fees and charges in the matters they handle, as mandated by Order IV, Rule 21 of the Supreme Court Rules, 2013. In practice, AORs collect these court fees from clients upfront before filing, but legally if the client defaults, the AOR still owes the money to the court. This personal liability creates financial risk that AORs must manage through careful client selection and advance payment collection.

Can advocates other than AORs assist with Supreme Court cases?

Yes, advocates who are not AORs can assist with Supreme Court matters by working as “briefing counsel” or “junior advocates” under an AOR’s supervision.

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