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:

When a question asks about an appeal and lists multiple levels of the hierarchy (e.g., an intermediate appellate body and the final one), consider if the question implies the final authority. Here, the appeal process continues from the State Bar Council to the BCI and then to the Supreme Court.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The Advocates Act, 1961, establishes a hierarchical structure for regulating the legal profession, which includes a clear appellate pathway for orders passed in disciplinary proceedings.

Step 2: Detailed Explanation:
The question is about the appellate authority against an order of a State Bar Council. Let's trace the appellate hierarchy provided in the Advocates Act:
1. First Appeal: Section 37 of the Advocates Act, 1961, provides that any person aggrieved by an order of the disciplinary committee of a State Bar Council may prefer an appeal to the Bar Council of India (BCI).
2. Second Appeal: Section 38 of the Act provides that any person aggrieved by an order made by the disciplinary committee of the Bar Council of India may prefer an appeal to the Supreme Court.
The question is slightly ambiguous. It could mean the immediate appeal or the final appeal.
- The immediate appellate authority is the Bar Council of India (Option C).
- The final appellate authority in the hierarchy is the Supreme Court (Option B).
In competitive exams, such questions often test the knowledge of the entire appellate chain, and the highest forum is considered the most appropriate answer. The chain of appeal ultimately ends at the Supreme Court. Given the options, and the common pattern of such questions, the intended answer is likely the final court of appeal in the statutory scheme.

Step 3: Final Answer:
While the first appeal from a State Bar Council's disciplinary order lies with the Bar Council of India, the final appeal in the hierarchy lies with the Supreme Court. Therefore, the Supreme Court is the ultimate appellate body.