Q. Which of the following statements are correct with respect to the Advocate-on-Record (AoR)?
1.Only AoRs can file cases in the Supreme Court.
2.AORs are eligible to appear only before the Supreme Court of India.
3.An AoR must have an office located in Delhi within a 16-kilometer radius of the Supreme Court.
4.An Advocate-on-Record must be appointed by a judge to represent a client.
5.The rules governing the Advocate-on-Record (AoR) system are created by the Bar Council of India (BCI).
Select the correct statements using the codes given below:

[A] 1, 2, 3 and 5 only

[B] 1, 2, and 3 only

[C] 1 and 3 only

[D] 2, 4 and 5 only

Answer: C
Notes:

Explanation –

Statements 1 and 3 are correct. Advocate on record (AOR) is a title given to an advocate who can represent a cause or pleading before the Supreme Court (SC).
Only these advocates are entitled to file any matter or document before the SC.

The Supreme Court Rules, 2013 prescribe eligibility criteria for an AoR: An advocate has to clear an examination set by the Supreme Court and has to meet specific criteria such as:

  1. An advocate must undergo training with a court-approved AoR for at least one year before taking the examination.
  2. The advocate should have at least four years of legal practice before beginning the training.
  3. An AoR must have an office located in Delhi within a 16-kilometer radius of the Supreme Court.

Statements 2, 4 and 5 are incorrect. While AoRs are primarily recognized for their expertise in representing clients before the Supreme Court, they are authorized to appear before other courts in India as well. This includes High Courts, district courts, and other lower courts.

An Advocate-on-Record (AoR) does not need to be appointed by a judge to represent a client before the Supreme Court of India. The client has the right to choose their own AoR, and the AoR does not need to obtain the judge’s approval before representing the client.

The rules governing the Advocate-on-Record (AoR) system are created by the Supreme Court of India based on the authority given to it under Article 145 of the Constitution of India.

The Bar Council of India is a statutory body created under the Advocates Act, 1961, and it regulates the legal profession and legal education in India. However, it does not create the rules for the AoR system.

Source: ForumIAS

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