Kerala HC Contemplates Introducing The 'Advocate-On-Record' System [Read Letter]

Pursuant to the same, the Registrar General of the High Court has communicated a letter to the Secretary of the Kerala High Court Advocates' Association, asking them to place a report on the same, before the Full Court for consideration.

"As directed by the Honourable the Chief Justice, I am to request you to prepare a report regarding 'Advocate On Record' system, the rules and legal position for regulation of Advocates practicing in the High urt, methodology for standardization, criteria to be fixed, power of the High Court to force such regulation, etc. for placing before the Full Court for consideration," the letter states.

Under the Advocate on Record system, no lawyer other than those on record, can file petitions before the Supreme Court. It was introduced by the Apex Court in 1965 and the rules laid down a host of additional qualifications for lawyers who wanted to practise in the Supreme Court.

The rules underwent a series of amendments and finally got superseded by a new set of rules notified in the gazette in 2014. As per the new rules, a lawyer wanting to be an 'Advocate on Record' in the apex court should have completed four years since his enrolment with a State Bar Council.

Thereafter, the lawyer must undergo training for a year with an existing Advocate-on-Record and then clear the written examinations conducted by the Supreme Court. After clearing the exams, every Advocate-on-Record should set up office within a radius of 16 km from the court.

The system came to be challenged before the Supreme Court but, was dismissed by a division bench in September, 2015.

As of now, this system is followed in the Supreme Court and is under consideration at the Madras High Court.

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