Case Note & Summary
The Supreme Court of India dealt with an application for restoration of Special Leave Petition (SLP) No. 18481/2009, which had been dismissed earlier. The court identified irregularities in the role of the Advocate-on-Record, who was found to have acted merely as a name-lender without taking any responsibility for the case. This raised concerns about the effectiveness of the Advocate-on-Record system as many petitions were being filed without proper representation. The court emphasized the need for Advocates-on-Record to fulfill their duties, as outlined in the Supreme Court Rules, 1966, which require them to actively participate in the preparation and conduct of cases. To address these issues, the court directed notices to be issued to the Advocate-on-Record Association and the Supreme Court Bar Association for their input on potential solutions. Additionally, the court acknowledged a common grievance regarding the AOR examination, particularly the inclusion of a paper on Book Keeping and Accounts, which many candidates found challenging. The court suggested that this paper be replaced with a focus on Advocacy and Professional Ethics to enhance participation in the examination. Ultimately, the court allowed the restoration of the SLP, contingent upon the deposit of costs with the Supreme Court Legal Services Committee.
Headnote
A) Legal Profession - Advocate-on-Record Responsibilities - Role of Advocate-on-Record - Supreme Court Rules, 1966, Rule 1, Rule 6(b), Rule 5, Rule 6(a) - The court addressed the issue of Advocates-on-Record acting merely as name-lenders without fulfilling their responsibilities, which undermines the purpose of the system. The court directed the Advocate-on-Record Association and the Supreme Court Bar Association to assist in finding solutions to enforce discipline and ensure effective assistance (Paras 3-8). B) Legal Education - AOR Examination Requirements - Examination Subjects - Not mentioned - The court noted concerns regarding the necessity of the Book Keeping and Accounts paper in the AOR examination, suggesting its removal to encourage greater participation in the examination and improve the system of representation (Paras 4-5).
Issue of Consideration
Whether an Advocate-on-Record can file appearance as a mere name-lender without performing associated functions.
Final Decision
The application for restoration was allowed subject to the deposit of Rs. 2500 as costs with the Supreme Court Legal Services Committee within four weeks.
Law Points
- Advocate-on-Record responsibilities
- Supreme Court Rules
- 1966
- restoration of SLP
- effective assistance of counsel
