Now Advocates Can File Cases in HC Without Passing Advocates on Record (AoR) Exam : Patna High Court

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    The “Registration of Advocates as Advocates on Record of the Patna High Court Rules” has been revoked, and the Bihar Gazette published a notice to that effect on April 8, 2022.

    Lawyers in Bihar start Protecting because a group of lawyers was not in favor of the Aor Rule in Bihar. A unanimous resolution was passed in 2020 by the Patna High Court Lawyers Association for the removal of the AOR system/concept in Patna High Court.

    Later, The Patna HC revised the Patna High Court Rules, in 1916, and enacted the “Registration of Advocates as Advocates-on-Record of the Patna High Court Rules”  back in the year 2009.

    The consequence of that enactment was that an advocate who are registered with the Bar Council of any state would be unable to practice in the Patna High Court in any capacity unless he passed the High Court’s AoR examination and was recognized as an Advocate on Record (AOR). These Rules were drafted using the authority granted to the High Court by Section 34 of the Advocates Act, which allows it to make rules governing the conditions under which an advocate may practice in the High Court and its subordinate courts.

    Several lawyers filed writ petitions contesting the AoR Rules shortly after they went into effect. They claimed that the AoR Rules infringe on both their fundamental freedom to practice law and their legal right under Section 30 of the Advocates Act.

    Full Bench led by then Chief Justice L. Narasimha Reddy partially allowed the Writ Petitions, holding that an advocate’s right to practice based on his enrolment with the Bar Council and Section 30 of the Act cannot be taken away in the name of Regulation.

    Case Law – K.K.Chaubey vs High Court Of Judicature At Patna.

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