Introduction
Section 123 of the Code of Civil Procedure, 1908 deals with the constitution of Rules Committees for certain High Courts.
- Introduction
- Section at a Glance
- Statutory Provision
- Meaning of Section 123 CPC
- Object of Section 123
- Constitution of the Rules Committee
- Importance of the Rules Committee
- Relationship Between Section 122 and Section 123
- Section 123 and Part X
- Practical Importance
- Important Points for Judiciary Exams
- Important Questions for Exams
- Key Takeaways
- Conclusion
The provision provides for the constitution of a committee to assist in the exercise of the rule-making powers relating to civil procedure. It is closely connected with Section 122 CPC, which gives certain High Courts the power to make rules regulating their own procedure and the procedure of subordinate civil courts.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 123 CPC |
| Subject | Constitution of Rules Committees |
| Part | Part X |
| Nature | Rule-making provision |
| Main Purpose | Constitution of committees for making procedural rules |
| Related Section | Section 122 CPC |
| Important Area | Civil procedural rules |
Statutory Provision
Section 123. Constitution of Rules Committees.—(1) A Committee, consisting of the following persons, shall be constituted for the purpose of making rules under this Part, namely:—
(a) the Chief Justice of the High Court, or some other Judge of the same Court nominated by him;
(b) a Judge of the High Court nominated by the Chief Justice;
(c) the Judge of the High Court who is in charge of the rule-making work of the Court;
(d) the Advocate-General of the State; and
(e) such other persons as may be prescribed.
(2) The Committee shall be known as the Rules Committee.
Meaning of Section 123 CPC
Section 123 provides for the establishment of a Rules Committee for the purpose of making rules under Part X of the CPC.
The provision recognises that procedural rule-making is an important judicial function and should be undertaken through an organised institutional mechanism.
The Rules Committee assists in the formulation of procedural rules concerning the High Court and the civil courts under its superintendence.
Object of Section 123
The main objectives of Section 123 are:
- To provide an institutional mechanism for procedural rule-making.
- To assist in framing rules under Part X of the CPC.
- To involve judicial and legal authorities in the rule-making process.
- To promote consistency and proper consideration in the formulation of civil procedure rules.
- To support the rule-making powers granted under Section 122 CPC.
Constitution of the Rules Committee
Section 123 provides for the constitution of a committee consisting of specified persons.
The provision connects the rule-making process with the senior judicial and legal authorities of the State.
The important persons associated with the committee include:
1. Chief Justice or Nominee
The Chief Justice of the High Court, or another Judge nominated by the Chief Justice, forms part of the committee.
2. Judge Nominated by the Chief Justice
A Judge of the High Court nominated by the Chief Justice is also included.
3. Judge in Charge of Rule-Making Work
The Judge of the High Court who is responsible for the rule-making work of the Court is included in the committee.
4. Advocate-General
The Advocate-General of the State is also a member of the committee.
5. Other Prescribed Persons
The provision also allows for such other persons as may be prescribed to be included.
Importance of the Rules Committee
The Rules Committee is important because civil procedure requires detailed and specialised rules.
The CPC establishes the broad procedural framework, while procedural rules may be required to deal with the practical functioning of courts.
The committee provides a structured mechanism through which such rules can be considered and framed.
Relationship Between Section 122 and Section 123
Sections 122 and 123 should be studied together.
Section 122 provides the power of certain High Courts to make rules.
Section 123 provides for the constitution of the Rules Committee connected with the rule-making process.
Therefore:
Section 122 = Power to make rules
Section 123 = Constitution of Rules Committee
Section 123 and Part X
Section 123 forms part of Part X of the CPC, which deals with rule-making powers.
Part X is important because the CPC does not attempt to regulate every procedural detail through the main provisions of the Code.
Instead, it provides mechanisms through which procedural rules can be framed and modified according to the needs of courts.
Practical Importance
Section 123 is important in understanding how procedural rules are developed under the CPC.
The provision recognises that rule-making should involve persons with direct knowledge of:
- Judicial administration;
- Court procedure;
- Civil litigation; and
- Legal practice.
This helps create a structured framework for procedural rule-making.
Important Points for Judiciary Exams
- Section 123 CPC deals with the Constitution of Rules Committees.
- It is contained in Part X of the CPC.
- It is closely connected with the rule-making power under Section 122.
- The provision provides for a Rules Committee.
- The Chief Justice or a Judge nominated by the Chief Justice is part of the committee.
- A Judge nominated by the Chief Justice is included.
- The Judge responsible for rule-making work is included.
- The Advocate-General of the State is included.
- Other prescribed persons may also be included.
Important Questions for Exams
- Explain Section 123 CPC.
- What is the object of constituting a Rules Committee?
- Who constitutes the Rules Committee?
- What is the relationship between Sections 122 and 123 CPC?
- What is the role of the Rules Committee under Part X?
- Explain the significance of rule-making powers under the CPC.
- Why is an institutional mechanism necessary for procedural rule-making?
Key Takeaways
| Concept | Principle |
|---|---|
| Section 123 | Constitution of Rules Committees |
| Part | Part X |
| Main Purpose | Institutional mechanism for rule-making |
| Related Section | Section 122 |
| Committee | Rules Committee |
| Judicial Members | Chief Justice/Judges as provided |
| Legal Member | Advocate-General |
| Function | Making rules under Part X |
ALSO READ: Section 122 – Power of Certain High Courts to Make Rules
Conclusion
Section 123 CPC provides for the constitution of Rules Committees for the purpose of making rules under Part X. It provides an institutional framework for procedural rule-making and works closely with Section 122, which confers rule-making powers on certain High Courts.
For examination purposes, remember:
Section 121 — Effect of Rules in First Schedule
Section 122 — Power of Certain High Courts to Make Rules
Section 123 — Constitution of Rules Committees
Section 124 — Other Rule-making Powers
