Section 123 CPC - Constitution of Rules Committees in High Courts
Section 123 of the Code of Civil Procedure, 1908 (CPC) provides for the constitution and membership of Rules Committees associated with High Courts exercising rule-making powers under Section 122. These committees help develop and review procedural rules for civil courts.
Section 123 CPC - Statutory provisions
(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:-
- 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;
- two legal practitioners enrolled in that Court;
- a Judge of a Civil Court subordinate to the High Court.
(3) The members of each 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.
The provision above follows the central CPC text. State amendments and applicable High Court rules should be checked for the jurisdiction concerned.
Composition of a Rules Committee
Section 123(2) prescribes six members: three High Court judges, two legal practitioners enrolled in that High Court and one judge of a subordinate civil court. At least one of the three High Court judges must have the specified three years of District Judge or Divisional Judge service. The composition brings together appellate or supervisory judicial experience, practising lawyers and the perspective of subordinate courts.
Appointment, tenure and vacancies
Under subsection (3), the High Court appoints committee members and nominates one member as President. Under subsection (4), the High Court prescribes members' terms and may fill vacancies arising from retirement, resignation, death, loss of residence in the State or incapacity. Subsection (5) provides for a secretary appointed by the High Court, with remuneration as provided by the State Government.
How Section 123 relates to High Court rule-making
Section 122 CPC empowers specified High Courts, after previous publication, to make procedural rules and to annul, alter or add to rules in the First Schedule. Section 124 CPC requires the Rules Committee to report to the High Court on proposals referred to it for consideration. The committee therefore assists the High Court; it does not independently enact binding procedural rules.
Section 121 CPC addresses the legal effect of First Schedule rules. Section 127 CPC deals with publication of rules made under the relevant rule-making provisions. These requirements matter when determining which procedural rules apply in a particular court.
Practical significance
For litigants and practitioners, Section 123 explains the institutional mechanism through which procedural changes can be examined. To identify an operative rule, consult the CPC together with the relevant High Court's published civil rules, amendments and official notifications. A committee recommendation by itself should not be treated as a rule in force.
Frequently asked questions
What is a Rules Committee under Section 123 CPC?
It is a committee constituted at the usual place of sitting of a High Court covered by Section 122 to participate in the statutory process for considering civil procedural rules.
How many members does the committee have?
Section 123(2) specifies six members: three High Court judges, two enrolled legal practitioners and one subordinate civil court judge.
Who appoints the President and secretary?
The High Court appoints the members, nominates one member as President and appoints the secretary.
Can the Rules Committee amend the CPC on its own?
No. Its role must be read with Sections 122 and 124. Rule-making powers and the applicable procedural requirements rest with the competent High Court under the CPC.
Official legislation
Read the Code of Civil Procedure, 1908 (official India Code PDF). Verify subsequent amendments and jurisdiction-specific rules through the relevant High Court's official publications.