Advocate on Record Checklist Guide for Supreme Court Filings

The Advocate on Record (AOR) plays a critical role in ensuring that petitions and appeals filed in the Supreme Court of India comply with the Supreme Court Rules, 2013.

The AOR Checklist is a mandatory certification that verifies the procedural correctness of filings, such as Special Leave Petitions (SLPs), Public Interest Litigations (PILs), and appeals under specific statutes.

Below is a comprehensive guide to the AOR Checklist, designed for informational purposes to assist advocates in preparing accurate and compliant filings.

Components of the AOR Checklist

The checklist ensures that all procedural and documentary requirements are met before a matter is listed for hearing in the Supreme Court. The following points outline the essential requirements:

1. Form and Certification for SLP (Civil):

   • The Special Leave Petition (SLP) (Civil) must be filed in Form No. 28 with the required certificate, as prescribed under the Supreme Court Rules, 2013.

   • Compliance with Order XV Rule 1 is mandatory, ensuring the petition adheres to the prescribed format and content.

2. Arrangement of SLP Papers:

   • The papers of the SLP must be arranged as per Order XXI, Rule (3)(1)(f), ensuring proper organization of documents.

   • A brief list of dates/events must be included, summarizing the chronology of the case.

3. Numbering and Indexing:

   • Paragraphs and pages of the paper books must be numbered consecutively and correctly referenced in the index.

   • The required number of paper books (1+1) must be filed for the court’s use.

4. Details of Impugned Judgment:

   • The particulars of the impugned judgment from the court(s) below must be uniformly written across all documents to avoid discrepancies.

   • In cases of appeals by certificate, the appeal must include the judgment and decree appealed from and the order granting the certificate.

5. Annexures:

   • Annexures referred to in the petition must be true copies of the documents presented before the lower court(s).

   • They must be filed in chronological order as per the list of dates and indexed separately, not collectively.

6. Additional Requirements for Specific Appeals:

   • For SLPs against orders passed in a Second Appeal, copies of the orders from the Trial Court and First Appellate Court must be included.

   • For appeals under the Armed Forces Tribunal Act, 2007, the petitioner must have moved the Armed Forces Tribunal for a certificate for leave to appeal to the Supreme Court.

7. Listing Proforma:

   • A complete listing proforma must be filled in, signed, and included in the paper books to facilitate case processing.

8. Public Interest Litigation (PIL) Requirements:

   • For PILs filed under Order XXXVIII, Rule 12(1)(d), the petitioner must disclose:

     • Full name, complete postal address, email address, phone number, proof of personal identification, occupation, annual income, PAN number, and National Unique Identity Card number (if any).

     • Facts constituting the cause of action.

     • Nature of injury caused or likely to be caused to the public.

     • Nature and extent of the petitioner’s personal interest, if any.

     • Details of any civil, criminal, or revenue litigation involving the petitioner that has or could have a legal nexus with the PIL issues.

9. Post-Defect Filing:

   • All paper books filed after curing defects must be in order, ensuring no further procedural errors.

10. AOR Certification:

    • The AOR must personally verify the petition and its contents, certifying compliance with the Supreme Court Rules, 2013.

    • The AOR must confirm that all necessary documents for the hearing have been filed.

    • The certification includes the AOR’s name, code, signature, contact number, and date.

Importance of the AOR Checklist

The checklist serves as a safeguard to ensure that filings are complete, procedurally correct, and ready for judicial scrutiny. Non-compliance with any of these requirements may lead to the rejection of the petition or delays in listing the matter for hearing. The AOR’s certification is a declaration of accountability, ensuring that the Supreme Court’s time and resources are utilized efficiently.

Practical Tips for AORs

• Thorough Verification: Cross-check all documents against the Supreme Court Rules, 2013, to ensure compliance.

• Organized Documentation: Maintain a systematic approach to arranging and indexing documents to avoid errors.

• Timely Defect Curing: Address any defects flagged by the Supreme Court registry promptly to prevent delays.

• Stay Updated: Refer to the Supreme Court website (www.sci.gov.in) for updates to rules or procedures.

• Use Templates: Leverage standard formats for Form No. 28, listing proforma, and other documents to streamline preparation.

Conclusion

The AOR Checklist is a vital tool for ensuring procedural compliance in Supreme Court filings. By adhering to the checklist, AORs uphold the integrity of the judicial process, facilitating smooth and efficient hearings. For further guidance, advocates can refer to the Supreme Court Rules, 2013,