How to crack Advocate-on-Record Examination by Mukul Kumar
Mr. Mukul Kumar is Advocate-on-Record in the Supreme Court of India since 2009. He is also a Gold Medalist of his batch. He is going to share in brief the success mantra for cracking the AOR Exam.
Question: You have been an Advocate-on-Record for last more than 13 years and belong to a family of Advocate-on-Records how has it been to be an AOR in the Supreme Court?
Answer: It definitely adds to one's credentials. I personally feel more confident in appearing before the Hon’ble Court after being an AOR. With the latest system of online portal, emails and SMS being sent to AORs only by the registry, the dependence on staff and other Advocates is minimized.
Question: How’s the system of Advocate on Record in your opinion?
Answer: As in every profession there is a need to improve one's skills and the AOR system provides the catalyst at the right stage, an opportunity to prepare for an exam gives the correct amount of energizer. Also it is important to fix the responsibility and the AOR can act as a nodal officer for his brief.
Question: As you have been a topper of the AOR examination, what’s your mantra for cracking the exam?
Answer: The AOR exam is a blend of practical and theory. Practical because the papers of Drafting and Practice & Procedure are based on practical situations a Supreme Court lawyers face day in and day out. The other papers are based on case laws which also come in handy while preparing for cases. Otherwise the list of cases in leading cases category can be treated as the theory part of the exam. So the mantra is to be thorough about Supreme Court practice, and keenly observe seniors as they guide and make their submissions.
Question: In your time, the result was not very liberal but now the Supreme Court is very liberal. As you see this year 260 advocates have cracked the exam, how do you see? The marking has really been liberal now?
Answer: I believe an exam is an exam and not to be taken lightly. The pass percentage is more important than the actual numbers. Certainly the statistics when seen from this viewpoint also indicate that the pass percentage has gone up from say 5% in the past to more than 25%. This could also be for the reason that many institutions have started offering coaching for the exam. When I attempted the exam in 2009, there was hardly any institution offering such coaching, but now with online programs, the situation has changed drastically. Also the LL.B. course has become more rigorous which also prepares law students better for the profession. I feel these could be stronger factors than an assumed lenient marking.
Question: Since the AOR exam is exclusively conducted by the Supreme Court of India, there is no study material available in the market, in such situation what should be the study planning for the exam?
Answer: As I said above, there are paid courses available now. But yes no free material is available to my knowledge. I would suggest having an in depth Knowledge of the Supreme Court Rules. Do not leave the study till the last few weeks. Keep reading once the training commences and then start focused study at least 2 months prior to the exam.
Question: Since the Drafting paper is considered to be the most difficult one, according to you what should be strategy for this paper
Answer: Drafting is the practical paper of the AOR exam and therefore it requires practice. One must utilize the 5 years of practice prior to the exam to appreciate and master the skills for good drafting. For that copy paste method has to be shed and instead lawyers should type out the petition for each individual case. Try remembering the correct provisions and contents required as per the Supreme Court Rules. Also one must also be ready for questions based on drafting of writ petition under Article 226 before High Courts. So I advice not to restrict to only pleadings filed in Supreme Court.
Question: What’s your advice to the aspirants for the Leading Case Paper?
Answer: Firstly do not leave studying for this paper till the last minute. Try to read the judgments at least twice. There is no requirement to rote learn since headnotes are provided, but what is required is an understanding of the ratio of the judgment along with the reasoning given. It also helps to be able to recollect the facts of the cases.
Question: Supreme Court is very particular about its Practice and Procedure, there is one paper of Practice and Procedure, how should the students prepared for it?
Answer: Besides attending Courts to know the practice and procedure, an in depth knowledge of the Supreme Court Rules is required. The Handbook published by the Hon’ble Supreme Court also contains some vital information. Topics like powers of Single Judge and Chamber Judge etc. can be memorized or by attending court proceedings.
Thank you very much sir, it would really help the AOR aspirants in preparing for the exam.