Question

On being aggrieved by the order of State Bar Council, one can appeal to

• A. High Court
• B. Supreme Court
• C. Bar Council of India
• D. Indian Law Commission

Hint:

Memorize the appellate hierarchy for advocate misconduct: 1. State Bar Council (Disciplinary Committee) 2. Appeal to Bar Council of India (Section 37) 3. Appeal to Supreme Court (Section 38) The High Court does not have a direct appellate role in this process.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks about the appellate authority against an order of the Disciplinary Committee of a State Bar Council.

Step 2: Detailed Explanation:
The Advocates Act, 1961, establishes a clear hierarchy for disciplinary matters.
- The initial complaint of misconduct against an advocate is heard by the Disciplinary Committee of the State Bar Council (Section 35).
- Section 37(1) of the Advocates Act provides for an appeal against the order of the State Bar Council's Disciplinary Committee. It states: "Any person aggrieved by an order of the disciplinary committee of a State Bar Council... may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India."
- Subsequently, Section 38 allows for a further appeal from the order of the Disciplinary Committee of the Bar Council of India to the Supreme Court.
The immediate appellate body from the State Bar Council is the Bar Council of India.

Step 3: Final Answer:
A person aggrieved by an order of the Disciplinary Committee of a State Bar Council can appeal to the Bar Council of India.