Section 122 — Power of certain High Courts to make rules
The engine of Part X. The High Courts (not a Judicial Commissioner’s Court) may, after previous publication, make rules regulating their own procedure and that of the civil courts under their superintendence — and may, by those rules, annul, alter or add to the rules in the First Schedule. This is the power § 121 anticipates: it keeps the Orders current.
How to read Section 122
Who & how
The High Courts (not a Judicial Commissioner’s Court) may, from time to time and only after previous publication, make rules.
Regulate procedure
Rules regulating their own procedure and the procedure of the civil courts subject to their superintendence.
Amend the First Schedule
And, by such rules, they may annul, alter or add to any of the rules in the First Schedule — the amending power § 121 reserves.
The bare Act
1High Courts 2not being the Court of a Judicial Commissioner 3* * * may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subject to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.
→ This is the First-Schedule-amending power § 121 contemplates; rules are subject to approval (§ 126) and take force on publication (§ 127); their subjects are listed in § 128. “Previous publication” = a draft published in advance (cf. General Clauses Act, s. 23).
1. “High Courts” was substituted by the A.O. 1950 for “Courts which are High Courts for the purposes of the Government of India Act, 1935”. 2. “not being the Court of a Judicial Commissioner” was substituted by the A.O. (No. 2), 1956 for “for Part A States and Part B States” (the words inserted by Act 2 of 1951, s. 15, w.e.f. 1-4-1951). 3. The words “and the Chief Court of Lower Burma” were repealed by Act 11 of 1923, s. 3 and the Second Schedule (shown as * * *).
Key terms decoded
The rule-making power is given to the High Courts — matching § 116’s exclusion of a Judicial Commissioner’s Court.
The draft rules must be published in advance so they can be considered before they are finalised — a safeguard (cf. General Clauses Act, s. 23).
Rules for how the High Court itself conducts civil business.
The subordinate civil courts under the High Court’s control — whose procedure it may also regulate.
To repeal, amend or supplement — the three ways a High Court may change the First Schedule rules.
The Orders (I–LI) — which (by § 121) have the force of the Code, and (by § 122) the High Courts may keep current.
The picture — the rule-making engine
§ 122 is the rule-making engine of the Code. It lets each High Court tailor procedure — its own and that of the courts beneath it — and, crucially, rewrite the First Schedule Orders themselves, so the Code’s procedure can move with practice instead of waiting on the legislature.
Section 122, part by part
Connected provisions
Section 122 is the core rule-making power of Part X. It supplies the means to annul or alter the First Schedule that § 121 mentions; it is exercised with the help of Rule Committees (§ 123), is subject to approval (§ 126) and takes force on publication (§ 127), over the matters listed in § 128.