Section 123 — Constitution of Rule Committees
The rules are not framed in a vacuum. § 123 sets up a Rule Committee at each High Court’s seat to scrutinise the draft rules before they are made under § 122. It fixes who sits on it — three Judges, two legal practitioners, a subordinate-court Judge — and how they are appointed, hold office, and are served by a secretary.
How to read Section 123
A committee at each HC’s seat (1)
A Rule Committee is constituted at the usual place of sitting of each High Court referred to in § 122.
Who sits on it (2)
(a) three Judges of the High Court (one having served as a District/Divisional Judge for 3 years); (b) two legal practitioners of that Court; (c) a subordinate Civil Court Judge.
Appointment, tenure & secretary (3)–(5)
The High Court appoints the members and a President (3), fixes their tenure and fills vacancies (4), and appoints a secretary (5).
The bare Act
(1) A Committee, to be called the Rule Committee, shall be constituted at 1the town which is the usual place of sitting of each of the High Courts 2* * * referred to in section 122.
(2) Each such Committee shall consist of the following persons, namely:—
(3) The members of each Committee shall be appointed by the 8High Court, which shall also nominate one of their number to be President: 9* * *
(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 10by the State Government.
→ The Committee scrutinises draft rules made under § 122 and reports to the High Court (§ 124). “High Court” replaced “Chief Justice or Chief Judge” in 1976.
1. Subs. by Act 13 of 1916, s. 2 & Sch., for the towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon. 2. “and of the Chief Court” omitted (Act 11 of 1923); re-inserted (Act 32 of 1925) and again omitted (A.O. 1948). 3. “(in Burma)” rep. by Act 11 of 1923. 4. Clause (b) subs. by Act 2 of 1951, s. 16, for the old (b) & (c). 5. Old clause (d) re-lettered as (c) by s. 16 ibid. 6. “and” omitted by Act 38 of 1978. 7. Old clause (d) omitted by Act 38 of 1978, s. 3 & Sch. 8. “High Court” subs. by Act 104 of 1976, s. 44 (w.e.f. 1-2-1977), for “Chief Justice or Chief Judge”. 9. Proviso omitted by s. 44 ibid. 10. “by the State Government” subs. by A.O. 1937 for “by the G.G. in C. or by the L.G.”.
Key terms decoded
A standing body at each High Court’s seat that examines draft rules before they are made under § 122 — a check of expertise.
The seat of the High Court — the town where it ordinarily sits; the Committee is constituted there.
Three Judges of the High Court — at least one having served as a District / Divisional Judge for three years (trial-court experience).
Advocates enrolled in that Court — the practising bar’s voice on procedure. (Was “two”; some States vary it.)
A Judge of a civil court below the High Court — bringing the trial court’s perspective.
The High Court nominates a President from the members (3) and appoints a secretary (5) to service the Committee.
Members serve for the prescribed period; on retirement, resignation, death, leaving the State or incapacity, the High Court fills the vacancy (4).
The appointing authority — the High Court (which replaced “Chief Justice or Chief Judge” in 1976).
The picture — who sits on the Rule Committee
§ 123 staffs the rule-making machine. Before a High Court alters the Orders under § 122, a small Committee — bench, bar and the subordinate judiciary together — looks the draft over, so the rules are tested by those who must work them.
Section 123, part by part
Sub-section (1) — a Rule Committee is constituted at the usual place of sitting (the seat) of each High Court referred to in § 122.
Sub-section (2) — the composition: (a) three Judges, (b) two legal practitioners, (c) a subordinate civil court Judge — bench, bar and the trial judiciary together.
Sub-section (3) — the High Court appoints the members and nominates one as President. (An old proviso was dropped in 1976, when “High Court” replaced “Chief Justice or Chief Judge”.)
Sub-section (4) — members hold office for the prescribed period; on a vacancy (retirement, resignation, death, leaving the State, or incapacity) the High Court appoints a replacement.
Sub-section (5) — each Committee has a secretary, appointed by the High Court and paid as the State Government provides.
How the parts work as one body
Constitute · compose · appoint · sustain
State amendments
Two States have adjusted the composition of the Committee under sub-section (2).
“(a) three Judges of the High Court established at the town at which such Committee is constituted, provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the number of Judges of the High Court does not exceed three.”
(a) in clause (b), for “two legal practitioners”, “three legal practitioners” is substituted;
(b) in clause (d), the word “Madras” is omitted.
Connected provisions
Section 123 staffs the machinery of § 122. The Rule Committee it constitutes reports to the High Court on the rules (§ 124); the rules it vets are then subject to approval (§ 126) and publication (§ 127), over the matters in § 128.