Who is an Advocate, Advocate-on-Record, Senior Advocate and Amicus Curiae in India?
Indian law recognizes different professional roles for lawyers appearing before courts. The Advocates Act, 1961 governs enrollment, the right to practise and professional discipline, while the Supreme Court Rules, 2013 create the special category of Advocate-on-Record for practice before the Supreme Court of India. This article explains these roles, their legal basis, the principal restrictions applicable to them and how advocate fees are generally dealt with.
Updated: 6 September 2026
Contents
Who is an Advocate?
Under Section 2(1)(a) of the Advocates Act, 1961, an "advocate" means a person whose name has been entered in any roll prepared under the Act. In practical terms, a person becomes an advocate after satisfying the statutory requirements for enrollment and having his or her name entered on the roll of a State Bar Council.
An advocate may advise clients, draft legal documents, settle pleadings and appear before courts or tribunals, subject to the rules applicable to the particular court and the advocate's category of practice. Appearance for a party is ordinarily authorized through a vakalatnama or other permitted authority.
The Advocates Act also gives High Courts power under Section 34 to make rules laying down conditions subject to which advocates may practise in the High Court and courts subordinate to it.
Who is an Advocate-on-Record (AOR) in the Supreme Court?
An Advocate-on-Record is an advocate registered under the Supreme Court Rules, 2013 and entitled to act and file matters for a party in the Supreme Court of India. The Supreme Court explains that only Advocates-on-Record are entitled to file a matter or document, file an appearance or act for a party before the Court. Other enrolled advocates may appear and argue, but they cannot independently file a matter or document in the Supreme Court.
Qualification for registration as an Advocate-on-Record
Order IV Rule 5 of the Supreme Court Rules, 2013 prescribes the principal route to registration. An advocate must, among other requirements:
- have his or her name on the roll of a State Bar Council for at least four years;
- undergo one year of training with an Advocate-on-Record approved by the Supreme Court;
- pass the Advocate-on-Record examination conducted under the authority of the Supreme Court; and
- comply with the further registration, office and procedural requirements prescribed by the Rules and Registry.
The current examination notices, results and related information are published on the Supreme Court's Advocate-on-Record Examination page. The governing rules and subsequent amendments are available on the Supreme Court Rules page.
The Advocate-on-Record is responsible for procedural conduct of the matter, receives communications from the Registry and carries the professional responsibility associated with acting for the litigant before the Supreme Court.
Who is an Amicus Curiae?
"Amicus curiae" is a Latin expression meaning "friend of the court." An amicus is not ordinarily a lawyer privately engaged to represent one of the contesting parties. The court appoints or permits the advocate to assist it where independent legal assistance would be useful or where representation is required in the interests of justice.
The Supreme Court states that an amicus curiae may be appointed, for example, where an accused is unrepresented in a criminal matter, where assistance is needed for an unrepresented party in a civil matter, or in a matter involving an issue of general public importance. See the Supreme Court's official explanation of Supreme Court advocates and amicus curiae.
Who is a Senior Advocate?
Section 16 of the Advocates Act, 1961 divides advocates into two classes: Senior Advocates and other advocates. Under Section 16(2), the Supreme Court or a High Court may, with the advocate's consent, designate an advocate as a Senior Advocate if the court considers that the advocate deserves that distinction by reason of ability, standing at the Bar or special knowledge or experience in law.
For designation by the Supreme Court, the current official framework includes the Guidelines for Designation of Senior Advocates by the Supreme Court of India, 2026 and related notices published by the Court.
Restrictions on Senior Advocates
Senior Advocates enjoy a distinction in advocacy but are subject to special restrictions under the Advocates Act, the Bar Council rules and Order IV of the Supreme Court Rules, 2013. In the Supreme Court, a Senior Advocate cannot act or file a vakalatnama and cannot appear without an Advocate-on-Record. The Rules also restrict a Senior Advocate from directly accepting certain drafting work or direct instructions of the kind reserved for an instructing advocate, subject to the precise terms of the applicable rules.
The Supreme Court's official description of the three categories of advocates - Senior Advocates, Advocates-on-Record and other advocates - is available on its Constitution and Supreme Court Advocates page.
How much fee can an Advocate charge?
There is no single all-India statutory tariff fixing one compulsory private fee for every advocate and every case. Professional fees ordinarily depend on factors such as the nature and complexity of the matter, drafting and conference work, court appearances, the advocate's experience, the forum, urgency, expected time commitment and the fee arrangement made with the client, subject to applicable law and professional-conduct rules.
Advocates may charge a consolidated professional fee or agree on separate fees for conferences, drafting, filing-related professional work and appearances. Senior Advocates commonly charge separate conference and appearance fees through the instructing advocate or Advocate-on-Record.
Supreme Court Rules and taxable costs
The Supreme Court Rules, 2013 contain provisions and schedules dealing with costs and fees allowable in Supreme Court proceedings. Because the Rules have been amended from time to time, including in 2024 and 2025, users should refer to the current Supreme Court Rules and amendment notifications before relying on a particular amount for taxation of costs or a court-directed payment.
Where an advocate is appointed through legal services or as amicus curiae, the fee may instead be governed by the relevant legal-services scheme, court order, Registry practice or other applicable schedule.
Where can a complaint against an Advocate be made?
Professional misconduct is governed principally by Section 35 of the Advocates Act, 1961. Where a State Bar Council receives a complaint or otherwise has reason to believe that an advocate on its roll has been guilty of professional or other misconduct, the matter is referred to its disciplinary committee in accordance with the Act.
Therefore, a complaint against an advocate is ordinarily initiated before the State Bar Council on whose roll the advocate is enrolled. The Bar Council of India has appellate, supervisory and other statutory powers under the Advocates Act, but it is not correct to state as a general rule that every misconduct complaint is filed directly before the Bar Council of India.