There are three branches of Government in India- the legislature, the executive and the judiciary. These bodies of government are independent from each other; they have different responsibilities, authorities, and powers. The Supreme Court is the apex body of the judiciary in India.
Working in the highest court of India is a prestigious job and the dream of every lawyer. We at Careers360 have broken down the steps, eligibility and qualifications of who can become a Supreme Court lawyer in India.
The Supreme Court lawyer is the top legal authority in our country. The lawyers of the Supreme Court make arguments, explain laws, and seek justice for their clients. They play a huge role in shaping the legal system and making sure that justice, fairness, and the rule of law are upheld.
Step 1: The first step of becoming a lawyer begins with pursuing a year LLB degree just after completing class 12. Students who miss this opportunity can also earn a law degree after graduation with a three-year undergraduate degree in law.
Step 2: After completing the degree the law graduates have to register themselves with the State Bar Council of India. This makes them eligible to practise law in the state as an advocate.
Step 3: Thereafter, the state advocate has to take the All India Bar Examination (AIBE). The registration certificate of the State Bar Council Of India is necessary for this process. If the state advocate qualifies for this exam with at least 33 per cent of marks receive the Certificate of Practice (COP) by the Bar Council of India. The COP makes the law graduate practice as an advocate all over India.
Step 4: Thereafter the advocate has to practise law in any one of the districts or high courts of India for four years with one year of internship under an AOR (Advocate On Record).
Note: The AOR under which the aspiring advocate practises him/herself needs to have an experience of at least five years. So, the aspiring advocate needs a total experience of five years (four years of practice and one year of internship).
Step 5: This experience of five years makes the advocate eligible to appear for the AOR exam which is a prerequisite for practising as a lawyer of the Supreme Court. The AOR exam conducted by the Supreme Court of India checks the knowledge, skill aptitude and expertise of the candidate as to how fit they are to be practising in the apex court of the country.
Step 6: Once the advocate qualifies for the AOR he can practise as an advocate in the Supreme Court of India.
The AOR practices in the Supreme Court and is eligible to file petitions, affidavits and vakalatnama.
Apart from the AORs, there are two other types of advocates in the Supreme Court namely the senior advocates and the other advocates.
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A Senior Advocate in India is a legal expert recognised by the Supreme Court or a High Court. While working in the Supreme Court, they have to work in sync with another legal expert called an "Advocate-on-Record."
However, they have limited rights in the Supreme Court. They can't write certain legal papers, give advice about evidence, or do some specific legal tasks. They are also not permitted to handle real estate transactions.
This does not mean they are mere namesake, they guide other lawyers, by giving them advice and sharing their knowledge.
So, Senior Advocates play a crucial role in the legal world, offering their expertise and helping other lawyers do their best.
To be eligible for designation as a Senior Advocate in the Supreme Court, an advocate must meet the following conditions:
To be eligible as the senior advocate of the Supreme Court the lawyer should either have experience of ten years as an advocate or experience of ten years combined standing as an advocate and as a district and sessions judge or as a judicial Member of any Tribunal in India. In this case, their qualification for eligibility mustn't be less than that determined for appointment as a district judge.
The advocate here to be eligible as the senior advocate of the Supreme Court should mainly practise in the Supreme Court. The advocates who have practised in specialised tribunals might get some privilege regarding the extent of appearances in the Supreme Court.
The advocate also must be at least 45 years old to be eligible for the designation of Senior Advocate in the Supreme Court. There are a few exceptions to these rules. In case the age limit is relaxed by the committee or the name has been recommended by the Chief Justice of India or a Judge of the Supreme Court.
These are lawyers who are registered with a State Bar Council under the Advocates Act, 1961. They can represent people and argue cases in the Supreme Court. However, they are not allowed to submit any documents or legal matters to the Court. They generally accompany an AOR who files and submits the documents.
The role of being a Supreme Court lawyer is demanding. It requires a lot of hard work and dedication. This role requires continuous learning, improving your legal skills, and building a good reputation in the legal field. But even though it is challenging the rewards are worth it
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