Knowledge Base – A LawSikho Initiative

This article is a complete guide about everything you need to know about the Practice & Procedure paper of the Supreme Court’s Advocate on Record Examination. In this article, you will get an overview of the exam and also learn about the structure and syllabus of the Practice & Procedure paper, key areas to focus on while preparing for the exam, and strategies to effectively write answers for this paper. If you are someone who is a first-time aspirant or if you are simply looking to improve your preparations, then this article will give you all that you need to excel in the examination.

Introduction

Have you imagined representing your clients in the Supreme Court of India? 

Walking down the halls of the Court where the biggest names of the Indian legal fraternity argue landmark judgments that shape the legal structure of the country?

Becoming an Advocate on Record (AOR) grants you that exclusive privilege. 

Let me clarify this– a non-AOR can argue a case in the Supreme Court under the instructions and authority of the AOR, but the right to file cases in the Supreme Court of India exclusively vests in an AOR alone. 

And, to become an AOR, you need to clear an examination called the AOR Exam. In this article, I will tell you all about the AOR exam while focusing specifically on one of the papers from the exam, “the Practice and Procedure Paper”. 

But, first things first. 

Why should you become an AOR?

First, let us look at some statistics as of 31st December 2024:

A total of 60,947 cases were filed in the year 2024 alone. Total number of AORs in the Supreme Court? 3,400 on the said date. 

As you can see, there is a huge demand and supply gap, which is always going to rise, given the increase in filings per year. 

Now, if you become an AOR, you are directly and exclusively part of this huge pool. Result? An exponential increase in your professional status, earnings, client base, and also the quality of work you do. 

AOR status gives you an edge over your other colleagues as you become part of an elite group of advocates in the country. 

Even your status as an advocate in High Courts and lower courts becomes higher, as you are known as a Supreme Court advocate by the judges, lawyers, and clients. Many people choose to stay in their home state even after clearing the AOR exam for this very reason– they leverage their AOR status to expand their clientele. 

Think about it — the Supreme Court, being the highest court of appeal, sees cases from all states. So, if you are an AOR, and know how to practice in the Supreme Court, people automatically assume that you have a holistic view of the entire judicial structure. So, clients would naturally flock to you even if they have to file their case in a lower court– if anything goes wrong, you can file an appeal in the Supreme Court. They do not have to find another lawyer. This inspires confidence.

With virtual filing and hearing these days, you can be based anywhere and still have a thriving Supreme Court practice. 

But let me tell you, becoming an AOR is not a cakewalk. The AOR exam has a pass rate of just 11-20%. The AOR exam is notoriously known for its level of difficulty and high standard, but with proper preparation and guidance, it is not an impossible task. 

What are the eligibility criteria for the AOR exam?

Not everyone can take this exam. You have to fulfill the eligibility criteria first.  

• You should be enrolled with any State Bar Council for at least 4 years (read this as having a continuous practice for 4 years)
• You need to complete 1 year of training with an AOR who has at least 10 years of     standing on the completion of your 4th year of practice
• Upon completion of this 1-year training, you can fill up the examination form and write the exam

There is no age restriction, so anyone fulfilling the above requirements can write the exam. 

There are some exceptions to this. 

For example, if you are:

• An attorney or 
• A solicitor on the roll of the Bombay Incorporated Law Society who has been on the roll of a State Bar Council for at least seven years on the date of application for registration as an AOR

 then you will be exempted from the training and test requirements.

The Chief Justice of India may also grant exemptions in the following cases:

• From the training requirement, if the name of the advocate has been on the roll of a State Bar Council for at least ten years.
• The training and also the requirement of being enrolled for at least 4 years if the advocate has special knowledge or experience in law.

If an advocate is convicted of an offense involving moral turpitude, then he/she/they will not be eligible to appear in the AOR examination from the date of such conviction.

This ineligibility remains in force for two years after the advocate has completed the sentence or paid the fine or completed the sentence and paid the fine, as the case may be.

However, if the conviction is stayed or suspended by a court, then such ineligibility will not apply.

What is the pattern of the AOR exam?

The exam is conducted once a year, every year, by the Board of Examiners, Supreme Court of India.  It consists of 4 papers of 100 marks each and they are 3 hours paper with drafting paper having 30 minutes extra:

1. Practice and Procedure of the Supreme Court 
2. Drafting
3. Leading Cases
4. Professional Ethics and Advocacy

What are the passing criteria for the exam?

To clear the AOR exam, you need to pass each paper with at least 50% and score an aggregate of 60%. 

Even if you fail one paper, while scoring 60% aggregate you will have to retake the paper you have failed in.

If you score 50% in each paper but don’t score 60% aggregate, then in that case you can re-write a paper of your choice or write all the papers. 

However, if you fail in all papers then you will have to wait for a year and retake the examination. 

And, most importantly, you get only five attempts to clear the AOR examination. 

This might sound challenging to you, right? But do not let this stop you. I am here to help!

What is the nature of the AOR exam?

AOR exam tests your knowledge of Supreme Court practice. 

All four papers are designed to test your practical understanding of how the Supreme Court practice works, how well you can draft petitions, and your ethical standpoint to see if you are a fit candidate to become an Advocate on Record for the Supreme Court. 

Hence, the exam tests you on practical aspects of law, its applicability, and such. You will not get any theoretical questions that you get in law school.

The Practice and Procedure paper is a prime example of this principle– this paper requires you to know how the Supreme Court functions procedurally, right from filing to disposal of cases. 

When to start preparing for the AOR exam?

The biggest challenge faced by most? Preparing while managing your legal practice. 

Here are some tried and tested tips:

Keeping in mind the complexity and depth of the AOR examination, your preparation should begin well in advance. 

It is highly recommended that you start preparing at least 12 months before the exam if you do not have an active Supreme Court practice. If you do, you can cram it in 6 months. But, to be comfortable, early preparation is suggested. 

That would mean either in March or April of the year you plan to appear for the exam.

This will ensure that you have sufficient time to cover the vast syllabus, practice drafting skills, and also to familiarize yourself with the procedures followed in the Supreme Court.

Let’s move to the practice and procedure paper now.

What is the syllabus for the Practice & Procedure paper?

• The Constitution of India– provisions which vest jurisdiction on the Supreme Court: Articles such as Article 32, 71, 129, 131, 132, 133, 134, 136, 137, 139A, 141, 142, 143, 145, 317 of the Constitution (with case laws)
• Supreme Court Rules,2013 (in entirety)
• The Supreme Court also has a 280-page Handbook on Practice and Procedure, which you must be thorough with, in addition to the 2013 Rules
• In addition, you must also comprehensively know the Code of Civil Procedure Code, 1908, the Limitation Act, 1963, and the Court Fees Act, 1870. Many candidates have struggled with this portion of the paper despite practicing in the district courts.
• Since a vast majority of PILs and SLPs are filed at the Supreme Court, you can get questions based on factual scenarios from Arbitration, Insolvency and Bankruptcy Code, or other substantive laws.
• You might find it interesting that nearly half the 2023 and 2024 papers were based on jurisdiction-related questions, which is a recurring favorite. Even topics like curative and review petitions are popular. 
• A fun fact is that more than 30 direct types of questions have been asked straight from the Supreme Court Rules in the past few years.

What is the paper structure and how do you allocate time for the Practice & Procedure paper?

The structure of the paper keeps changing. However, looking at the previous year’s papers will give you an idea of the format and types of questions asked in the paper.

Year	Total Marks	Part	Questions to Attempt	Marks per Question	Total Marks in Part	Question Type
2024	100	Part I	5 out of 6	10	50	Descriptive/Conceptual/Situational
		Part II	10 out of 12	5	50	Direct/Descriptive
		Total			100
2023	100	Part I	4 out of 6	15	60	Descriptive/Conceptual
		Part II	10 out of 15	4	40	Direct
		Total			100
2022	100	Part I	4 (Compulsory)	10	40	Descriptive/Conceptual
		Part II	4 (Compulsory)	10	40	Descriptive/Conceptual
		Part III	10 out of 20	2	20	Direct
		Total			100
2021	100	Part I	4 (Compulsory)	10	40	Situational/Descriptive/Conceptual
		Part II	4 out of 5	10	40	Direct/Descriptive/Conceptual
		Part III	10 out of 20	2	20	Mixed (Situational, Direct, etc.)
		Total			100

How do you answer different types of questions in the Practice & Procedure paper?

Here’s what you need to know about answer writing. No frills. No unnecessary elaboration. Just a pure method. 

Descriptive or Conceptual questions:

These are your long-answer questions, where you will need to explain fundamental legal principles like how the Supreme Court exercises jurisdiction etc.

Here are some past year questions for your reference:  

Tips for approaching Descriptive or Conceptual answers:

• Begin your answer by identifying the specific constitutional provision that forms the foundation of the jurisdiction in question. This immediately shows the examiner you understand the legal basis. 
• Then, carefully break down the essential ingredients of the provision – think of this as explaining why each element matters. 
• If the question touches on Supreme Court rules, weave them naturally into your explanation. 
• Finally, strengthen your answer by citing the leading cases that have shaped the interpretation of this provision.

Let us see how to use these tips to write the question on the appellate jurisdiction of the Supreme Court. 

Sample Question: When can the Appellate Jurisdiction of the Supreme Court be invoked? Give three examples that would fall under it. 

Sample Answer: Instructions are in red and italics. 

Introduction 

The Supreme Court is the highest court of appeal and exercises its appellate jurisdiction in all kinds of cases that are filed within the territory of India. The power vested in the Supreme Court comes from both the Constitution of India and various other statutes. I will explain the provisions first before moving on to specific examples. 

Constitutional Provisions 

The Supreme Court is vested with the power to hear appeals by way of Articles 132-134 and 136 of the Constitution of India. 

Article 132:

Article 132 can be invoked when any person is aggrieved by any judgment, decree, or final order of a High Court in the territory of India. Appeals under Article 132 may arise from a civil, criminal, or other proceeding. 

However, these appeals can only be filed if the High Court certifies under Article 134A that the case involves a substantial question of law as to the interpretation of this Constitution. 

It was held in the case of Transport Commissioner, AP v. Sardar Ali, 1983 SCC (4) 245 that Article 145 (2) stipulates that cases involving interpretation of the constitution should be heard by five judges. 

Article 133:

Similarly, an appeal under Article 133 can be filed from any judgment, decree, or final order of a High Court in the territory of India in a civil proceeding. However, this can only be filed if the concerned High Court provides a certificate under Article 134A stating that 

• the case involves a substantial question of law of general importance; and
• that in the opinion of the High Court, the said question needs to be decided by the Supreme Court.

An appeal under this cannot lie from a single judge order. 

Relevant Cases: 

An appeal under Article 133 lies against a final order and not an interlocutory order as held in Tarapore & Co, Amdras v. Export Tractor, Moscow, 1970 AIR 891.

Express Newspaper vs. State of Madras, 1981 AIR 968: High Court to give reasons for substantial question of law.

The difference between Articles 132 and 133 is that in the case of Article 132– the appeal has to be about a question regarding constitutional interpretation, whereas, in the case of an appeal under Article 133, the question has to be of general importance. 

Then, you need to elaborate on Article 134 similarly. 

Special Leave Petitions

Other than the abovementioned provisions for appeal, the Supreme Court is also vested with the power to grant special leave to appeal under Article 136 of the Constitution of India. Article 136 gives the Supreme Court a plenary power to grant permission to file an appeal from any judgment, decree, determination, sentence, or order from any court or tribunal within the territory of India except for Armed Forces tribunals. To invoke this power, a petition called the Special Leave Petition is filed, which, if admitted, converts the case into an appeal.

Relevant Case: Khoday Distilleries Ltd. v. Mahadeswara S.S.K. Ltd., (2012) 12 SCC 291- grant of SLP is at two stages i.e., whether leave to appeal to the SC is allowed and a second stage where it is heard upon becoming an appeal, once leave is granted, the doctrine of merger applies.

Statutory Appeals 

The Supreme Court is also vested with powers under various special statutes to hear appeals arising from tribunals/commissions created under such statutes– for example, the Consumer Protection Act grants the Supreme Court the power to hear appeals arising out of the National Consumer Disputes Redressal Commission. These are called statutory appeals. 

As you can see from the above answer, we have covered all the bases that were asked in the question using our pointers. It did not ask for Supreme Court Rules so I have not written but if you wish to, you can definitely insert them in the answer for brownie points. 

Now let us see another type of question

Problem-Solving or Application-Based questions (Situational)

Here’s where things get interesting! 

There will be a scenario given and you have to act as a lawyer and apply the correct procedural laws to solve the problem.

There can be another instance where you might have to suggest the next legal steps or recommend legal remedies for the issue.

These questions will test how much you understand the implementation of the law.

 The key is to know the procedure like the back of your hand and not just to memorize it.

Tips for approaching Situational answers:

• You must begin by carefully identifying the nature of the case at hand, whether it is a custody matter, a contempt issue, or some other case altogether. This will assist you in understanding the direction for your entire answer.
• Next, analyze which rights have been violated; this forms the backbone of your legal strategy. 
• Consider what immediate relief your client needs
• Then, evaluate all possible remedies before selecting the most appropriate one with reasons.
• Finally, outline the specific steps you will take to obtain this relief.

Let’s understand this using a scenario which was a question asked in June,2024

Sample question: 

Your client shouted objectionable slogans before a Division Bench of the High Court, resulting in his custody on the same day. You need to move the Supreme Court against this custody order. What are the appropriate proceedings that you would file in the Supreme Court? Give reasons to support the remedy that you would choose.

Sample answer: 

Let us see how we will answer it. Instructions are in red and italics. 

Step 1: Identify the nature of the case involved

The present case involves a custody order passed by the Division Bench of the High Court in the exercise of its contempt powers vested under Article 215 of the Constitution of India. 

The relevant facts of the case are that my client was taken into custody on the same day for allegedly shouting objectionable slogans. The Court took cognizance of the matter suo moto and initiated a criminal contempt and sent my client to immediate custody. 

Step 2: Mention the rights involved in the matter that has been infringed in the matter

The case primarily involves the protection of fundamental rights under Article 21 (Right to life and personal liberty) and Article 22 (protection against arbitrary arrest) of my client, as the order was passed without providing any opportunity for hearing or following the principles of natural justice. As per Section 14 of the Contempt of Court Act, any person accused of contempt should be given a chance to defend the charge against them and adduce evidence. However, such an opportunity has not been granted to my client. 

Step 3: Find out the relief in the matter

The immediate relief required is release from custody along with a stay of the custody order. 

Step-4: Identify the appropriate remedies available and find out the suitable one with reasons 

As the order has been passed under the Contempt of Courts Act, the available remedy is under Section 19 of the Contempt of Courts Act which provides for an Appeal against the Contempt Order.  The appeal shall lie before the Supreme Court of India as a statutory appeal if the order against which the appeal is being filed is passed by a division bench. If the order in challenge is filed by a single judge, it shall lie to the Division Bench of the same high court. 

Pending appeal, my client can be released on bail by the concerned High Court or the Supreme Court of India. 

Step 5: Enumerate the steps to be taken:

The following things must be done in this case:

1. A memorandum of appeal along with supporting documents and affidavit has to be drawn up 
2. An urgent hearing application has to be moved before the Court if the matter is not listed or there is a delay 
3. Prepare interim application for stay of custody order along with a bail application 
4. Keep ready a draft apology and undertaking of good conduct, which is one of the grounds on which contempt may be foregone. 

Let us see the next and the last type of question

Direct questions

These are the no-frills, straight-to-the-point questions.

You can be asked point-blank questions on any of the topics from the jurisdiction to the Supreme Court Rules 

Tips for approaching Direct answers:

• You must start by clearly identifying the correct provision(s) that applies to the procedure asked in the given question.
• After that, either lay down the steps to be followed in the said procedure or the conditions to be met, whatever is asked of you. 
• Wherever relevant, strengthen your explanation with examples.

Let us apply these tips with an example.

Sample question: 

What is the procedure prescribed for inspection, search, etc., under the Supreme Court Rules, 2013?

Sample answer:

Instructions are in red and italics. 

Step-1 Identification of the Provision: 

The procedure concerning the inspection and search of records, documents, and other materials that are filed before the Supreme Court is governed by Order X of the Supreme Court Rules, 2013.

Step-2 Steps to be followed 

It is necessary to mention that the records of all files are maintained by the respective section which handles that category of cases. 

1. Who can apply?

• The parties to the proceedings or their authorised representatives
• Even the Advocate on record can apply.

2. What are the procedural requirements?

• You have to make an application to the concerned Registrar stating the case number, title etc., and the reason for inspection/search
• You will have to make the payment of the prescribed fees
• On making an application, a 24-hour advance notice shall be given to other parties
• All inspections have to be conducted in the presence of an officer of the Court 
• The inspection of the documents is only allowed during court hours and no copies etc., to be made. You can definitely take notes of the documents that you are inspecting
• You are not permitted to remove documents outside the custody of the Court without obtaining leave of the Court

As you can see, in all the answers that we wrote, there is a common trend: provision, explanation, procedure, and case law (where relevant). Unless you are thorough with the practice directions and rules of the Supreme Court, it will be difficult for you to answer such questions, but with the right practice, it can be mastered. 

What are the important points to remember while writing long-form answers for the Practice & Procedure paper?

You must remember that your evaluators for this exam are senior advocates. They read briefs for a living. Many are around 60. 

They don’t have time for your philosophical meanderings or attempts at intellectual gymnastics. They want clarity. 

They demand precision. Most importantly, they expect answers that show you understand how the Supreme Court works, in practice and not in theory.

Want to score? You must show that you know the system. 

Your handwriting must be legible. So let us face the reality: If you are not writing, you must ensure to practice writing and not just scribble your thoughts on paper. Please do not consider this merely a suggestion. It is a necessity.

Because if a 60-year-old advocate needs a magnifying glass to read what you have written, then you should consider that you have already failed.

Have space between your words and ensure that your points are clear.

Yes, formatting does matter because it shows efforts 

Draw margins. Use headings. Start sub-points on new pages. 

Why?

Because that’s how court documents work. That’s how busy judges read. That’s how you show you understand the system.

So you cannot write the way you wrote in your Law Exams.

Conclusion

The journey from being an Advocate to an Advocate on Record is challenging, but in the end, the perks of being an AOR are worth every effort.  The AOR exam tests both your legal knowledge and also your dedication. 

If you are determined and ready to put your best foot forward, then with the right guidance and steps, you will have all the tools you need to succeed in the AOR exam. 

Was this easy and helpful to understand? So, are you ready to take your first step toward clearing the AOR exam? 

It is never too late to start, so start today. 

All the theoretical-based questions are answered below in the FAQ section for your better understanding.

FAQs

1. What is the weightage of the Practice & Procedure paper in the AOR examination?

The Practice & Procedure paper is one of the papers in the AOR examination and the weightage of this paper is 100 marks. 

2. How should I approach the Supreme Court Rules for effective preparation?

First, you have to ensure that you have the latest version of the Supreme Court Rules,2013. The rules are divided into 9 parts and 56 orders (Part VIII and Order LVII stand repealed) dealing with different aspects of Supreme Court practice and procedure. It is important to understand this structure to prepare for it.

You can identify important sections that have been previously asked in the question papers. You must write concise summaries of each rule in your own words which will help you grasp the rules better. Lastly, whenever you read any rule, try to relate the application of the rules to real-life situations to help productively memorise the rules.

3. Are past papers sufficient for preparing the Practice & Procedure paper?

Past papers may help you identify and evaluate core topics but relying completely on the past papers would not be sufficient enough.  

4. What are the study materials and resources and recommended books for this paper?

For the practice and procedure paper, it is best to learn the Supreme Court Rules, Handbook on Practice & Procedure along with all practice directions that are passed as circulars and notices. 

You can check out the list of the most important books prescribed by the Committee on the recommendation of the Board of Examiners for the examination. Here are some authors you can pick up: Prof. Venkatramani, Dr. M.K. Ravi, etc.

Additionally, the Supreme Court of India’s official website provides study materials which can be a valuable resource. There is no exhaustive free source available on the internet that captures application-based questions, however.

5. How to analyse past year question papers?

You can take the following steps in analysing the past year’s question papers:

• Start with categorizing the question’s topic and sub-topic-wise 
• You can identify the recurring questions and mark the highly repetitive questions 
• You must then analyse the structure and format of the questions to prepare better
• Lastly you can assess the marks allotted to the questions to know which topics are high weightage.

You can find the past questions here:  

https://www.sci.gov.in/aor-examination/#Old-Question-Papers

6. How to manage time during the preparation of this exam?

• Prepare a realistic study schedule for preparation and you must always keep enough buffer periods for yourself– there will always be urgent cases or personal situations.
• Preparing a topic-wise calendar with dates helps. 
• After you have analyzed the question paper and identified the core topics for preparation, you must allocate enough time to read each topic at least twice and give yourself time for revision. 2 hours a day should be sufficient. 
• Prepare handwritten notes to complete the revision faster.
• Write mock tests in a real exam scenario and not just attempt a few questions to understand where your preparation stands and which topics need your attention.

7. What is the role of practical experience in preparing for this paper?

The role of having practical experience can be the turning point in your preparation.

If you are a law student, it is important to intern with an experienced Advocate on Record to understand the basics at an early stage.

If you are already an advocate and are looking to become an Advocate on Record, then it is important to work with an AOR to get proper training about the practice and procedure of the Supreme Court/learn from someone. 

Since the Supreme Court is virtually hearing cases, you can even observe these hearings to understand the practice followed in different types of cases.

8. How to handle the stress and pressure of the exam?

You can enroll yourself in a study group and keep yourself surrounded by peers who are appearing for the exams with you. With this, you can discuss your problems with them and sort them out. 

You can even consider speaking to the seniors who have already cleared the exam and seek tips from them.

Lastly, it is better to have a timetable for preparing for the exams and give yourself enough time to prepare for the exam and be confident about your preparation.

9. What are additional tips for succeeding in this paper?

• It is important to develop a habit of reading legal journals, law blogs and also circulars as well as notifications on the website of the Supreme Court to stay up to date with the recent procedures and developments in the practices.
• Be thorough with the latest case laws and Supreme Court judgments, especially the questions where there is a grey area and there are questions referred to larger benches

10. What are the common mistakes to avoid in this paper?

The common mistakes that candidates should avoid are as under:

• Relying solely on prior experience in lower court: It is not sufficient that you have prior experience in lower courts as the procedures of the Supreme Court are different. Although you may understand the procedure faster, however, if you are relying solely on prior experience in lower court it is misleading.
• Inadequate experience of procedure: It is important to have practical experience, at least for this paper, to grasp the syllabus faster and more efficiently. So it is recommended to intern or join someone who practices at the Supreme Court to crack this paper.
• Ignoring or incomplete preparation of Supreme Court rules: The rules form the basis and foundation of this paper. Although the rules are exhaustive, you cannot ignore them. Otherwise, it will daunt you in your paper since the majority of the questions are asked from the rules and you are expected to know them.  You must also bear in mind that you are not required to scroll through the headnotes and summaries, but you must understand the detailed procedure and requirements along with their application.
• Neglecting past year’s papers: If you are not referring to the past year’s papers, then it’s the worst mistake ever. Reviewing and practicing past year’s papers will help you get familiarised with the topics and identify the areas of study and attempting the papers will also help you in managing your time.
• Misinterpreting the questions in the paper: It is very important to read and understand the question papers carefully to know exactly what procedure is being asked by the examiner in that particular question. Otherwise, you risk losing crucial marks on this paper despite knowing the answer to that particular question.