Section 124 CPC — Committee to Report to High Court

Introduction

Section 124 of the Code of Civil Procedure, 1908 deals with the report to be made by the Rule Committee to the High Court. It forms part of the provisions relating to the rule-making powers of High Courts under the CPC.

The provision creates a link between the Rule Committee and the High Court. The Committee considers proposals concerning the rules contained in the First Schedule and submits its report to the appropriate High Court. Before making rules under Section 122, the High Court is required to take that report into consideration.

The important point is that the Rule Committee performs a reporting and recommending function, while the rule-making power remains with the High Court.

Section at a Glance

Particular	Details
Section	Section 124 CPC
Subject	Committee to report to High Court
Nature	Procedural
Main purpose	To provide for the Rule Committee’s report before the High Court exercises its rule-making power
Related provisions	Sections 122, 123, 125, 126, 127 and 128 CPC

Statutory Provision

Section 124 provides that every Rule Committee shall make a report to the High Court established at the town where the Committee is constituted regarding proposals to:

• annul rules contained in the First Schedule;
• alter existing rules;
• add to existing rules; or
• make new rules.

Before making rules under Section 122, the High Court must take the Rule Committee’s report into consideration.

The provision therefore establishes two connected duties:

1. The Rule Committee must submit its report to the relevant High Court.
2. The High Court must consider that report before making rules under Section 122.

Meaning of Section 124 CPC

In simple terms, Section 124 ensures that proposals concerning changes to procedural rules are considered through the Rule Committee and reported to the High Court.

The provision does not make the Rule Committee the final rule-making authority. The Committee examines and reports on proposals, while the High Court exercises the statutory rule-making power.

Therefore, the basic relationship can be remembered as:

Rule Committee → Report → High Court considers report → High Court makes rules

Purpose and Object of Section 124

The main purpose of Section 124 is to provide a structured process for considering changes to civil-procedure rules.

It ensures that proposals relating to the First Schedule or new procedural rules are examined by the Rule Committee and brought before the High Court.

The provision also maintains a distinction between:

• considering and recommending procedural changes, which is the function of the Rule Committee; and
• making the rules, which is the function of the High Court under the relevant statutory provisions.

Essential Requirements of Section 124

1. There must be a Rule Committee

Section 124 operates through the Rule Committee contemplated by Section 123.

2. The Committee must make a report

The Committee is required to make a report to the relevant High Court.

3. The report must concern specified rule-making proposals

The proposals may relate to:

• annulment of rules in the First Schedule;
• alteration of such rules;
• addition to such rules; or
• making new rules.

4. The High Court must take the report into consideration

Before making rules under Section 122, the High Court must consider the Rule Committee’s report.

This is the central procedural requirement of Section 124.

How Section 124 CPC Works

The provision can be understood through the following sequence:

1. A proposal concerning civil-procedure rules is considered by the Rule Committee.
2. The Committee prepares its report.
3. The report is submitted to the relevant High Court.
4. The High Court considers the report.
5. The High Court may then exercise its rule-making power in accordance with the CPC and other applicable requirements.

The Committee’s report is therefore part of the statutory process but does not itself constitute the final rule.

Statutory Rule and Judicial Interpretation

What the CPC provides

Section 124 requires the Rule Committee to report proposals concerning the annulment, alteration or addition of rules in the First Schedule and proposals for making new rules.

It further requires the High Court to take the report into consideration before making rules under Section 122.

Judicial interpretation

Courts have treated the Rule Committee as a body whose role is connected with the consideration and reporting of procedural-rule proposals. The Committee does not replace the High Court’s statutory rule-making authority.

The important distinction is therefore:

Rule Committee = reporting and recommending body

High Court = rule-making authority

Related Provisions

Section 122 — Power of Certain High Courts to Make Rules

Section 122 deals with the rule-making power of specified High Courts. Section 124 is connected with this power because it requires the High Court to consider the Rule Committee’s report before making rules under Section 122.

Section 123 — Constitution of Rule Committees

Section 123 deals with the constitution of Rule Committees. Section 124 explains an important function performed by those Committees.

Section 125 — Power of Other High Courts to Make Rules

Section 125 deals with the rule-making power of other High Courts subject to the conditions contained in that provision.

Section 126 — Rules to Be Subject to Approval

Section 126 deals with the approval requirements applicable to rules made under the relevant provisions.

Section 127 — Publication of Rules

Section 127 concerns the publication of rules made under the CPC’s rule-making provisions.

Section 128 — Matters for Which Rules May Provide

Section 128 identifies matters in respect of which procedural rules may be made, subject to the limitations contained in the CPC.

Practical Example

Example: Suppose the Rule Committee considers that an existing rule in the First Schedule should be altered to improve the procedure followed by civil courts.

The Committee prepares a report recommending the alteration and submits it to the relevant High Court.

The Committee’s recommendation does not itself alter the rule. Before making a rule under Section 122, the High Court must take the Committee’s report into consideration.

Common Confusion: Section 124 and Section 122

Basis	Section 122	Section 124
Main subject	Rule-making power	Rule Committee’s report
Primary actor	High Court	Rule Committee
Function	Provides for the High Court’s rule-making power	Requires the Committee to report specified proposals
Final authority	High Court	High Court remains the rule-making authority
Relationship	Concerns the exercise of rule-making power	Provides for consideration of the Committee’s report

Easy way to remember

Section 122 — High Court’s rule-making power

Section 124 — Rule Committee’s report to the High Court

Practical Importance in Civil Litigation

Section 124 is primarily concerned with the making and modification of procedural rules, rather than with the conduct of a particular civil suit.

It is relevant when studying:

• High Court rule-making powers;
• the First Schedule to the CPC;
• procedural rules applicable to civil courts;
• the functions of Rule Committees; and
• the relationship between Sections 122 to 128.

For an advocate or law student, the practical significance lies in understanding how procedural rules can be proposed, considered and ultimately made.

Importance for Law Students and Judiciary Exams

The most important examination point is the distinction between the Rule Committee’s role and the High Court’s rule-making power.

What to Remember

1. Section 124 deals with the Rule Committee’s report to the High Court.
2. The report may concern the annulment, alteration or addition of rules in the First Schedule.
3. It may also concern the making of new rules.
4. The High Court must take the report into consideration before making rules under Section 122.
5. The Rule Committee does not itself exercise the final rule-making power under Section 122.
6. Sections 122, 123 and 124 should be studied together.

Important Questions to Prepare

1. What is the object of Section 124 CPC?
2. What is the function of the Rule Committee under Section 124?
3. What matters must the Rule Committee report to the High Court?
4. Does the Rule Committee have the final power to make rules?
5. Explain the relationship between Sections 122, 123 and 124 CPC.
6. Distinguish the Rule Committee’s function under Section 124 from the High Court’s rule-making power under Section 122.

Key Legal Principles

1. The Rule Committee has a reporting function

The Committee is required to report to the relevant High Court on specified proposals concerning procedural rules.

2. The Committee does not possess the final rule-making power

A recommendation or report by the Rule Committee does not itself create or alter a CPC rule.

3. The High Court must consider the report

Before making rules under Section 122, the High Court must take the Committee’s report into consideration.

4. Sections 122, 123 and 124 are closely connected

Section 123 concerns the Rule Committee, Section 124 concerns its report, and Section 122 concerns the relevant rule-making power of the High Court.

Key Takeaways

Concept	Principle
Section	Section 124 CPC
Core rule	Rule Committee must report specified rule-making proposals to the High Court
Committee’s role	Reporting and recommending
High Court’s role	Consider the report and exercise its rule-making power
Main connection	Sections 122 and 123
Key distinction	The Rule Committee does not itself possess the final rule-making power

ALSO READ: Section 123 – Constitution of Rules Committees

Conclusion

Section 124 establishes the procedural connection between the Rule Committee and the High Court in relation to the making and modification of civil-procedure rules. Its central point is simple: the Rule Committee reports, while the High Court exercises the rule-making power.

For examination purposes, Section 124 is best remembered together with Sections 122 and 123 as part of the CPC framework governing procedural rule-making.