ADVOCATE ON RECORD
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Picture Courtesy: timesofindia.indiatimes.com.
Context: The Supreme Court imposed a penalty of ₹2,000 on an advocate on record for sending an ill-prepared junior lawyer to court in his place, who sought an adjournment. An advocate on record is a lawyer authorized to represent clients and file cases in the Supreme Court.
Advocate-on-Record
About
- An Advocate-on-Record is a legal professional who is authorized to act on behalf of a party and represent them in the Supreme Court of India.
- This designation is governed by the Supreme Court Rules, 2013, specifically under Order IV, which was previously known as the Supreme Court of India Rules, 1966. These rules were formulated by the Supreme Court of India under the authority of Article 145 of the Constitution.
- The role of an Advocate-on-Record encompasses both acting and pleading for a party in the Supreme Court.
- According to the rules, only advocates who hold the designation of an Advocate-on-Record are entitled to file appearances or act on behalf of a party in the Supreme Court. This means that no advocate, except an Advocate-on-Record, is permitted to appear and plead in any matter before the Supreme Court unless they are instructed to do so by an Advocate-on-Record.
Qualification to become an Advocate-on-Record
- Practice Experience: An advocate aspiring to become an Advocate-on-Record must have at least four years of practice as an advocate. This period of practice helps them gain essential legal experience.
- Training: After completing the four years of practice, the advocate must commence training under the guidance of a Senior Advocate-on-Record. This training period is crucial for learning the specific skills and knowledge required for the role of an Advocate-on-Record. During this period, the advocate indicates their intention to pursue the designation of an Advocate-on-Record.
- Examination: Following one year of training, the advocate must pass an examination conducted by the Supreme Court itself. This examination assesses the advocate's knowledge of court procedures, rules, and other relevant legal matters. Successful completion of this examination is a crucial step in the qualification process.
- Office and Clerk: After passing the examination, the advocate must establish a registered office located within a 10-mile radius of the Supreme Court building. This office serves as their base of operations for filing documents and handling cases in the Supreme Court. Additionally, they are required to employ a registered clerk who assists in administrative and procedural matters.
- Chamber Judge Acceptance: Once the requirements are met, the Chamber Judge of the Supreme Court accepts the advocate as an Advocate-on-Record, granting them the official designation. This step formalizes their role as a recognized practitioner in the Supreme Court.
The qualification process ensures that individuals in this role have the necessary skills and experience to represent clients effectively in the Supreme Court. Furthermore, the Supreme Court Advocates-On-Record Association (SCAORA) serves as the official association representing and advocating for the interests of Advocates-on-Record in their professional pursuits within the Supreme Court of India.
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REVISES GUIDELINES TO DESIGNATE SENIOR ADVOCATES: https://www.iasgyan.in/daily-current-affairs/revises-guidelines-to-designate-senior-advocates
SENIOR ADVOCATES: https://www.iasgyan.in/daily-current-affairs/senior-advocates
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PRACTICE QUESTION Q. Consider the following statements: Statement 1: The Supreme Court Rules establish that only an Advocate-on-Record can file an appearance or act for a party in the Supreme Court. Statement 2: To become an Advocate-on-Record, an advocate must have a minimum of seven years of practice as an advocate. Which one of the following is correct in respect of the above statements? A) Both Statement-1 and Statement-2 are correct and Statement-2 is the correct explanation for Statement-1 B) Both Statement-1 and Statement-2 are correct and Statement-2 is not the correct explanation for Statement-1 C) Statement-1 is correct but Statement-2 is· incorrect D) Statement-1 is incorrect but Statement-2 is correct Answer: C Explanation: Statement 1 is correct: An Advocate-on-Record is entitled to both act and plead for a party in the Supreme Court of India. The Supreme Court Rules establish that only an Advocate-on-Record can file an appearance or act for a party in the Supreme Court, and no advocate other than an Advocate-on-Record can appear and plead in any matter without being instructed by an Advocate-on-Record. Statement 2 is incorrect: To become an Advocate-on-Record, an advocate must follow a specific qualification process, which includes the following steps: ● The advocate must have a minimum of four years of practice as an advocate. ● After four years of practice, the advocate must undergo training under the guidance of a Senior Advocate-on-Record, indicating their intention to become an Advocate-on-Record. ● Following one year of training, the advocate must pass an examination conducted by the Supreme Court itself. This examination tests their knowledge of court procedures, rules, and relevant legal matters. ● After passing the examination, the advocate must establish a registered office located within a 10-mile radius of the Supreme Court building and employ a registered clerk. ● Once all these requirements are fulfilled, the Chamber Judge of the Supreme Court officially accepts the advocate as an Advocate-on-Record. |
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