Sections 125 and 126 CPC: Rule-Making Powers of Other High Courts and Government Approval
Sections 125 and 126 of the Code of Civil Procedure, 1908 form part of Part X dealing with rules. Section 125 allows High Courts other than those specified in Section 122 to exercise the rule-making powers conferred by that section, subject to conditions determined by the State Government. Section 126 requires previous Government approval for rules made under the preceding provisions.
Section 125 CPC - Power of other High Courts to make rules
125. Power of other High Courts to make rules.
High Courts, other than the Courts specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditions as the State Government may determine:
Provided that any such High Court may, after previous publication, make a rule extending within the local limits of its jurisdiction any rules which have been made by any other High Court.
Section 125 extends the Section 122 rule-making framework to other High Courts, but makes the exercise of that power subject to the manner and conditions determined by the State Government.
The proviso creates an additional mechanism: after previous publication, such a High Court may extend within its own local jurisdiction rules already made by another High Court.
Section 126 CPC - Rules to be subject to approval
126. Rules to be subject to approval.
Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the State in which the Court whose procedure the rules regulate is situate or, if that Court is not situate in any State, to the previous approval of Central Government.
Section 126 imposes an approval requirement before the rules can proceed further. Where the regulated Court is situated in a State, previous approval of that State Government is required. Where the Court is not situated in any State, previous approval of the Central Government is required.
Key point: Section 126 is part of a sequence. Rule-making power under Sections 122 or 125 is followed by the approval requirement in Section 126 and then by publication under Section 127.
How Section 127 completes the rule-making process
Section 127 provides that rules so made and approved are to be published in the Official Gazette. From the date of publication, or such other specified date, they have the same force and effect within the local limits of the High Court's jurisdiction as if they had been contained in the First Schedule.
Sections 125, 126 and 127 should therefore be read together when considering how procedural rules made by a High Court become operative.
Official reference
Frequently asked questions
Which High Courts are covered by Section 125 CPC?
Section 125 applies to High Courts other than the Courts specified in Section 122 and allows them to exercise the Section 122 powers in the manner and subject to conditions determined by the State Government.
Can one High Court adopt rules made by another High Court?
Yes. The proviso to Section 125 permits such a High Court, after previous publication, to extend within its local jurisdiction rules made by another High Court.
Whose approval is required under Section 126 CPC?
Previous approval of the relevant State Government is required where the Court whose procedure is regulated is situated in a State. If it is not situated in any State, previous approval of the Central Government is required.