Code
Section 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 the Central Government.
Explanation of Section 126 CPC
Section 126 of the Code of Civil Procedure, 1908 provides that procedural rules framed by High Courts under the preceding provisions do not become effective immediately after they are made. Instead, such rules require prior approval from the appropriate Government before they can come into force.
This provision acts as a safeguard to ensure that procedural changes follow the legal framework established by the Code. It also promotes coordination between the judiciary and the executive while preserving the proper administration of civil justice.
Requirement of Prior Approval
When a High Court frames or amends procedural rules under the powers granted by the CPC, it must first obtain the approval of the appropriate Government.
If the court is situated within a State, the rules require the approval of the State Government.
However, if the court is not situated in any State, the approval must come from the Central Government.
Only after receiving the required approval do the rules become legally enforceable.
Purpose of Government Approval
The requirement of prior approval ensures that procedural rules remain consistent with the law and public policy. It also creates a formal review mechanism before new rules begin to operate.
Moreover, this process helps prevent procedural conflicts and promotes uniformity in the administration of justice.
Relationship with Earlier Sections
Sections 122 to 125 of the CPC empower High Courts to frame, amend, or adopt procedural rules. Section 126 complements these provisions by prescribing the final step before those rules take legal effect.
Therefore, while High Courts possess the authority to prepare procedural rules, the implementation of those rules depends upon obtaining the necessary governmental approval.
Importance of Section 126 CPC
Section 126 CPC maintains a balanced system of procedural rule-making. It allows High Courts to improve court procedures while ensuring that every amendment undergoes official scrutiny before implementation.
Furthermore, the provision enhances legal certainty because courts, lawyers, and litigants can rely on rules that have completed the prescribed approval process.
As a result, procedural reforms become both transparent and legally valid.
Illustration
A High Court prepares new procedural rules to simplify electronic filing of civil cases. Before implementing these rules, it sends them to the State Government for approval. Once the Government grants its approval, the rules become effective and all subordinate civil courts within that jurisdiction begin following them.
In another case, a court located outside the jurisdiction of any State frames procedural rules. Since the court is not situated within a State, the Central Government must approve the rules before they can take effect.
Common Questions and Answers
1. What is the purpose of Section 126 CPC?
Answer:
Section 126 CPC requires that procedural rules made by High Courts receive prior approval from the appropriate Government before becoming effective.
2. Which Government grants approval under Section 126?
Answer:
The State Government grants approval if the court is situated within a State. If the court is not situated in any State, the Central Government grants the approval.
3. Can procedural rules take effect without Government approval?
Answer:
No. Rules framed under the relevant provisions of the CPC become effective only after obtaining the required prior approval.
4. Why is Section 126 CPC important?
Answer:
Section 126 ensures that procedural rules undergo proper legal scrutiny before implementation, thereby promoting consistency, transparency, and certainty in civil procedure.
Conclusion
Section 126 CPC establishes an important safeguard in the rule-making process under the Code of Civil Procedure. Although High Courts have the authority to frame procedural rules, those rules become enforceable only after receiving prior approval from the appropriate Government. This provision strengthens the legitimacy of procedural reforms, promotes uniformity in civil court practice, and ensures that the administration of justice remains efficient, transparent, and legally sound.
