Type of Advocate
In the Indian legal system, advocates play a key role in representing parties in courts. The Advocates Act, 1961, governs their roles, rights, and classification. Advocates can be classified based on their level of practice, specialization, and recognition by the Bar Council or judiciary.
1. Advocate
Definition: A general term for any individual enrolled with a State Bar Council and eligible to practice in any court in India, except the Supreme Court (unless specially qualified).
Role: Represents clients in legal matters, drafts legal documents, and offers legal advice.
Eligibility: Law degree (LLB), enrollment with a State Bar Council, and cleared the All India Bar Examination (AIBE).
2. Senior Advocate
Definition: An advocate who is recognized for their expertise, standing, or experience and is designated as a Senior Advocate by the Supreme Court or a High Court.
Privileges & Restrictions:
Cannot file vakalatnamas directly.
Must be briefed by another advocate (a junior or Advocate-on-Record).
Focuses mainly on advocacy and legal arguments.
Designation Criteria: Eminence in the legal profession, years of experience, and contribution to law.
3. Advocate-on-Record (AOR)
Definition: An advocate who is specifically authorized to act and plead for a party in the Supreme Court of India.
Special Qualification:
Must pass the AOR Examination conducted by the Supreme Court.
Must have practiced for at least 4 years before applying.
Role: Filing documents, petitions, and handling procedural matters in the Supreme Court. Only AORs can file a case in the Supreme Court.
4. Public Prosecutor / Assistant Public Prosecutor
Definition: Advocates appointed by the government to represent the state in criminal cases.
Role: Prosecutes criminal cases on behalf of the state. Ensures justice by presenting evidence against the accused in criminal courts.
Eligibility: Must be a qualified advocate with experience, often selected through government procedures.
5. Government Advocate / Standing Counsel
Definition: Legal representatives of the central or state government in civil matters.
Role: Represent the government in civil litigation, advisory roles, and drafting opinions or policies.
Appointment: Appointed by various departments or through government panels.
6. Legal Aid Counsel
Definition: Advocates appointed by the Legal Services Authority to provide free legal services to eligible persons.
Role: Ensure access to justice for the poor and marginalized, represent clients in court for free.
Eligibility: Must be enrolled advocates; selection may involve panel recommendations.
7. Special Public Prosecutor / Special Counsel
Definition: Advocates appointed for specific high-profile or sensitive cases by the state or central government.
Role: Handle complex
or high-profile prosecutions or civil cases on behalf of the government.