Description

Section 126 of the Code of Civil Procedure (CPC) stipulates that the rules made by the High Courts under their rule-making authority (as provided in Section 125) are subject to approval by the State Government. In other words, the High Courts cannot implement their procedural rules for civil courts unless they have been approved by the State Government.

Key Provisions of Section 126:

1. Approval Requirement:

   • The rules that are formulated by the High Court under Section 125 must be submitted to the State Government for its approval.
   • This ensures that there is a layer of government oversight in the rule-making process, thereby maintaining a check on the High Court's authority in setting procedural rules.

2. Purpose of Approval:

   • The State Government's approval ensures that the rules align with broader public policy objectives, the Constitution, and statutory laws that govern judicial processes.
   • This provision also acts as a safeguard to ensure that the rules are not arbitrary or unreasonable, providing a balance between judicial independence and executive oversight.

3. Role of State Government:

   • Once the High Court formulates its rules, the State Government reviews the rules to determine if they comply with legal, administrative, and practical standards.
   • The State Government has the discretion to approve, amend, or reject the proposed rules.
   • However, if the State Government does not act on the rules within a reasonable period, it is assumed that the rules have been approved.

4. Finalization of Rules:

   • After receiving the State Government’s approval, the rules become binding on all civil courts within the jurisdiction of that High Court.
   • These rules regulate the practice and procedure of civil courts, helping streamline processes, establish clear guidelines, and ensure consistency in the handling of civil cases.

5. Check on Judicial Power:

   • This provision serves as a check on the rule-making power of the judiciary, ensuring that the executive branch (the State Government) also has a role in shaping the procedural framework within which civil courts operate.

Punishment

Section 126 does not explicitly provide for punishments or penalties in case of non-compliance. However, there are several practical implications:

1. Delays in Rule Implementation:

   • If the State Government delays or refuses to approve the rules, it could result in delays in the implementation of important procedural rules, which may hinder the smooth functioning of civil courts.

2. Inconsistent or Invalid Rules:

   • If the State Government rejects the rules or does not approve them, the High Court may not be able to implement them, leading to inconsistency in the practices and procedures followed in civil courts.

3. Impact on Legal Professionals:

   • Lawyers and litigants may face uncertainty about the rules governing civil proceedings if the approval process takes too long or if the rules are not finalized promptly.

4. Potential for Conflict:

   • In rare cases, if there is a disagreement between the High Court and the State Government over the approval of rules, it could result in a lack of clarity regarding the procedural requirements, affecting the conduct of civil cases.