Home  /  Code of Civil Procedure  /  Section 126

Section 126: Rules to be subject to approval

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 125 All 158 Sections of Code of Civil Procedure Section 127

Legal Commentary & Landmark Judgments: Section 126

Section 126 provides that rules made by High Courts under Part X shall be subject to the previous approval of the State Government or Central Government.

  • Executive Approval Requirement: Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the State in which the High Court has its principal seat.
  • Fiscal Oversight: Enables the executive government to evaluate financial and administrative implications of new court rules (e.g., electronic filing infrastructure, court commissioner scales).
  • Condition Precedent to Notification: Rules cannot take legal effect until formal executive assent is obtained and notified.
Key Landmark Precedents:
  • State of U.P. v. District Registrar, (2006) 3 SCC 430: The Supreme Court noted that Section 126 establishes constitutional coordination between the judicial and executive branches in administering the justice system.
  • Iridium India Telecom Ltd. v. Motorola Inc., (2005) 2 SCC 145: Affirmed that Section 126 approval is required for First Schedule modifications under Section 122.
Courtroom Practice & Strategic Litigation Guidance:

High Court First Schedule amendments become legally binding only after state government approval under Section 126 and publication in the State Gazette under Section 127.

Section 125 All 158 Sections of Code of Civil Procedure Section 127