Sections 123 and 124 CPC: Constitution of Rule Committees and Reports to High Courts
Sections 123 and 124 of the Code of Civil Procedure, 1908 form part of Part X dealing with rules. Section 123 provides for constitution, composition, appointment and administration of Rule Committees. Section 124 requires each Rule Committee to report to the High Court on proposals affecting the First Schedule or new procedural rules before the High Court exercises its power under Section 122.
Section 123 CPC - Constitution of Rule Committees in certain States
123. Constitution of Rule Committees in certain States.
(1) A Committee, to be called the Rule Committee, shall be constituted at the town which is the usual place of sitting of each of the High Courts referred to in section 122.
(2) Each such Committee shall consist of the following persons, namely:
(a) three Judges of the High Court established at the town at which such Committee is constituted, one of whom at least has served as a District Judge or a Divisional Judge for three years;
(b) two legal practitioners enrolled in that Court;
(c) a Judge of a Civil Court subordinate to the High Court.
(3) The members of each such Committee shall be appointed by the High Court, which shall also nominate one of their number to be President.
(4) Each member of any such Committee shall hold office for such period as may be prescribed by the High Court in this behalf; and whenever any member retires, resigns, dies or ceases to reside in the State in which the Committee was constituted, or becomes incapable of acting as a member of the Committee, the said High Court may appoint another person to be a member in his stead.
(5) There shall be a Secretary to each such Committee who shall be appointed by the High Court and shall receive such remuneration as may be provided in this behalf by the State Government.
Section 123 creates the institutional mechanism supporting the High Court's procedural rule-making power under Section 122. It specifies who sits on the Rule Committee, who appoints its members and President, how vacancies may be filled, and how the Committee is administratively supported.
State amendment notes
Assam
The Code of Civil Procedure (Assam Amendment) Act, 1953 substituted clause (a) of Section 123(2) for its application in Assam. The substituted clause permits the Chief Justice to appoint only two High Court Judges to the Committee where the total number of Judges of the High Court does not exceed three.
Tamil Nadu
Tamil Nadu Act 15 of 1970 amended Section 123 in its application to Tamil Nadu, including substitution of "three legal practitioners" for "two legal practitioners" in clause (b). State-specific amendments should be checked against the latest official State publication before reliance in proceedings.
State-law caution: Section 123 has state-specific adaptations. For filing, rule-making or institutional questions, verify the current State amendment and the relevant High Court rules in addition to the central CPC text.
Section 124 CPC - Committee to report to High Court
124. Committee to report to High Court.
Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration.
Section 124 places the Rule Committee within the formal rule-making process. A proposal affecting the First Schedule or creating new procedural rules must be reported to the High Court, and the High Court must consider that report before making rules under Section 122.
How Sections 122, 123 and 124 CPC work together
Section 122 confers the rule-making power. Section 123 establishes the Rule Committee that assists in that process. Section 124 requires the Committee to report on proposed changes or new rules and requires the High Court to consider that report before exercising its Section 122 power.
The succeeding provisions in Part X should also be read where relevant. Sections 125 and 126 deal with rule-making by other High Courts and approval requirements, while Sections 127 and 128 concern publication and the matters for which rules may provide.
Official reference
Frequently asked questions
What is a Rule Committee under Section 123 CPC?
It is the committee constituted at the usual place of sitting of each High Court referred to in Section 122 to support the procedural rule-making process under Part X of the CPC.
Who appoints the members of a Rule Committee?
The High Court appoints the members and also nominates one of them as President of the Committee.
What is the function of Section 124 CPC?
It requires the Rule Committee to report to the High Court on proposals to annul, alter or add to First Schedule rules or to make new rules, and requires the High Court to consider that report before making rules under Section 122.