Section 126 CPC — Rules to Be Subject to Approval

Introduction

Section 126 of the Code of Civil Procedure, 1908 deals with the previous approval required for rules made under the preceding rule-making provisions of the CPC.

The provision forms part of the CPC’s framework governing the power of High Courts to make procedural rules. While Sections 122 and 125 deal with the power of certain High Courts to make rules, Section 126 places an additional requirement on the exercise of that power: the rules must receive the previous approval of the appropriate Government.

The section determines which Government must grant approval by looking at the location of the Court whose procedure the rules are intended to regulate.

Section at a Glance

Particular	Details
Section	Section 126 CPC
Subject	Rules to be subject to approval
Nature	Procedural
Main purpose	To require previous governmental approval of rules made under the foregoing provisions
Court situated in a State	Approval of the Government of that State
Court not situated in any State	Approval of the Central Government
Related provisions	Sections 122, 123, 124, 125, 127 and 128

Statutory Provision

Section 126 provides that:

“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.”

The provision therefore establishes a requirement of previous approval before the rules can proceed to the publication stage contemplated by Section 127.

There are two situations:

1. Where the Court whose procedure is regulated is situated in a State, approval is required from the Government of that State.
2. Where the Court is not situated in any State, approval is required from the Central Government.

Meaning of Section 126 CPC

In simple terms, Section 126 means that rules made under the foregoing rule-making provisions of the CPC are not complete merely because the High Court has framed them.

They must first obtain the approval prescribed by Section 126.

The provision therefore places a statutory control on the rule-making process. The appropriate Government must approve the rules before they move to the publication stage under Section 127.

The important point is that Section 126 deals with approval, not publication.

Purpose and Object of Section 126

The purpose of Section 126 is to ensure that rules made under the CPC’s rule-making provisions are subject to prior governmental approval.

This creates an additional stage in the rule-making process and ensures that the exercise of the High Court’s rule-making power operates within the statutory framework established by the CPC.

The provision also identifies the appropriate approving authority according to the location of the Court whose procedure the rules regulate.

Essential Requirements of Section 126

1. Rules must have been made under the foregoing provisions

Section 126 applies to rules made under the preceding rule-making provisions of the CPC.

It should therefore be read together with Sections 122 to 125.

2. Previous approval is mandatory

The rules are subject to previous approval.

This means that the approval must come before the subsequent publication contemplated by Section 127.

3. The appropriate Government depends on the location of the Court

The section creates two categories.

Court situated in a State

Where the Court whose procedure is regulated is situated in a State, the rules require the previous approval of the Government of that State.

Court not situated in any State

Where the relevant Court is not situated in any State, the rules require the previous approval of the Central Government.

How Section 126 CPC Works

The rule-making process can broadly be understood as:

Rule-making power → Rules framed → Previous approval under Section 126 → Publication under Section 127 → Rules acquire prescribed force and effect

Section 126 therefore operates between the making of the rules and their publication.

It is important not to confuse this process with the previous publication mentioned in the proviso to Section 125.

Section 126 and Previous Publication

A common mistake is to associate Section 126 with “previous publication.” That is not the correct statutory position.

Section 125

The proviso to Section 125 deals with previous publication when a High Court seeks to make a rule extending within its jurisdiction rules already made by another High Court.

Section 126

Section 126 deals with previous approval of the appropriate Government for rules made under the foregoing provisions.

Section 127

Section 127 deals with the publication of rules that have been made and approved.

Therefore:

Section 125 → Previous publication in the specified situation

Section 126 → Previous governmental approval

Section 127 → Publication of approved rules

This distinction is particularly important for examinations.

Statutory Rule and Judicial Interpretation

What the CPC provides

Section 126 expressly requires previous approval of the appropriate Government for rules made under the foregoing provisions.

The relevant approving authority is determined by the location of the Court whose procedure the rules regulate.

Judicial interpretation

Section 126 is primarily a statutory procedural requirement concerning the exercise of rule-making power. Its significance lies in the fact that rules framed under the relevant provisions are subject to a prior approval mechanism before publication.

The section should therefore be understood as one stage in the larger statutory process governing the making, approval and publication of CPC rules.

Related Provisions

Section 122 — Power of Certain High Courts to Make Rules

Section 122 confers rule-making powers on the High Courts specified in that provision.

Section 126 subsequently imposes the requirement of previous governmental approval on rules made under the foregoing provisions.

Section 123 — Constitution of Rule Committees

Section 123 deals with the constitution of Rule Committees in certain States.

It forms part of the institutional framework through which procedural rules may be considered and developed.

Section 124 — Committee to Report to High Court

Section 124 requires the Rule Committee to make a report to the High Court concerning proposals to annul, alter or add to rules in the First Schedule or to make new rules.

Section 125 — Power of Other High Courts to Make Rules

Section 125 deals with High Courts other than those specified in Section 122 and permits them to exercise the relevant rule-making powers subject to the conditions stated in that section.

Its proviso separately deals with previous publication when a High Court extends rules made by another High Court.

Section 127 — Publication of Rules

Section 127 provides for the publication of rules that have been made and approved.

It is therefore the provision that follows Section 126 in the rule-making sequence.

Section 128 — Matters for Which Rules May Provide

Section 128 sets out the matters for which rules may provide and requires that such rules not be inconsistent with the provisions contained in the body of the CPC.

Section 126 vs Section 127

This distinction is particularly important.

Basis	Section 126	Section 127
Subject	Approval of rules	Publication of rules
Main requirement	Previous governmental approval	Publication in the Official Gazette
Stage	Before publication	After rules have been made and approved
Main function	Provides the approval mechanism	Provides the publication mechanism and legal effect
Key phrase	Previous approval	Publication of rules

Easy Way to Remember

Section 126 = Approval

Section 127 = Publication

Section 125 vs Section 126

Another important distinction is between previous publication and previous approval.

Basis	Section 125	Section 126
Main subject	Extension of rules made by another High Court	Approval of rules made under the foregoing provisions
Requirement	Previous publication in the situation covered by the proviso	Previous approval
Authority involved	High Court	Appropriate Government
Purpose	Gives prior public notice before extending another High Court’s rules	Obtains governmental approval before publication of the rules

Practical Example

Example: A High Court frames procedural rules for regulating the procedure of Civil Courts within its jurisdiction under the relevant rule-making provisions of the CPC.

The rules cannot simply proceed directly to publication. They must first obtain the required previous approval.

If the Court whose procedure is being regulated is situated in a State, the approval must come from the Government of that State.

Once the rules have been made and approved, Section 127 becomes relevant and provides for their publication and subsequent force and effect.

Practical Importance in Civil Litigation

Section 126 does not ordinarily arise during the conduct of an individual civil suit. Its significance lies at the level of procedural rule-making.

It is relevant when determining:

• the source of procedural rules applicable to Civil Courts;
• the limits and conditions surrounding High Court rule-making powers;
• the role of governmental approval;
• the relationship between Sections 122 to 128; and
• the stage at which procedural rules proceed from being framed to being published.

For advocates, understanding this framework can be useful when examining the statutory basis and procedural validity of rules framed by a High Court.

Common Confusion

“Previous Approval” is not the same as “Previous Publication”

These are two different statutory requirements.

Previous approval under Section 126 refers to approval by the appropriate Government.

Previous publication under the proviso to Section 125 concerns the publication requirement before a High Court extends rules made by another High Court.

Publication under Section 127 refers to the publication of rules after they have been made and approved.

Keeping these three concepts separate avoids a common examination error.

Importance for Law Students and Judiciary Exams

Section 126 is short, but its position in the rule-making sequence makes it important for procedural-law questions.

What to Remember

1. Section 126 deals with previous approval of rules.
2. Rules made under the foregoing provisions require the approval prescribed by this section.
3. If the relevant Court is situated in a State, approval is required from the Government of that State.
4. If the relevant Court is not situated in any State, approval is required from the Central Government.
5. Section 126 should not be confused with the previous publication requirement in the proviso to Section 125.
6. Section 127 deals with the publication of rules after approval.
7. Sections 122 to 128 should be studied together as the CPC’s broader rule-making framework.

Important Questions to Prepare

1. What is the object of Section 126 CPC?
2. What is meant by “previous approval” under Section 126?
3. Which Government is competent to approve rules under Section 126?
4. Distinguish Section 126 from Section 127 CPC.
5. Distinguish previous approval under Section 126 from previous publication under Section 125.
6. Explain the position of Section 126 in the rule-making framework of the CPC.

Key Legal Principles

1. Previous approval is a statutory requirement

Rules made under the foregoing provisions are subject to the previous approval prescribed by Section 126.

2. The approving authority depends on the location of the Court

Where the relevant Court is situated in a State, the State Government is the approving authority. Where the Court is not situated in any State, the Central Government is the approving authority.

3. Approval precedes publication

Section 126 operates before the publication contemplated by Section 127.

4. Previous approval and previous publication are different concepts

Previous publication is dealt with in the proviso to Section 125, whereas Section 126 deals with previous governmental approval.

5. Section 126 forms part of a larger statutory scheme

Sections 122 to 128 collectively regulate the making, reporting, approval, publication and permissible scope of procedural rules.

Key Takeaways

Concept	Principle
Section	Section 126 CPC
Correct title	Rules to be subject to approval
Core rule	Rules made under the foregoing provisions require previous approval
State Court	Approval by the Government of the State where the Court is situated
Court not situated in a State	Approval by the Central Government
Previous publication	Primarily relevant to the proviso to Section 125
Next stage	Publication under Section 127
Key distinction	Section 126 = approval; Section 127 = publication

ALSO READ: Section 125 – Power of Other High Courts to Make Rules

Conclusion

Section 126 places a requirement of previous governmental approval on rules made under the foregoing rule-making provisions of the CPC. The appropriate approving authority depends upon the location of the Court whose procedure the rules regulate.

The most important point is to distinguish approval from publication. Section 126 deals with previous approval, while Section 127 deals with publication of rules that have been made and approved. The previous publication requirement belongs to the proviso to Section 125.

For examination purposes, remember the sequence:

Rule-making → Previous approval under Section 126 → Publication under Section 127