Section 124 — Committee to report to High Court

The Committee’s voice is built in. Every Rule Committee shall report to its High Court on any proposal to annul, alter or add to the First Schedule rules or to make new rules; and before making any rules under § 122, the High Court shall take that report into consideration. The Committee advises — and the High Court must hear it before it acts.

§ 124

How to read Section 124

The Committee reports

Every Rule Committee (§ 123) shall report to its High Court on any proposal to annul, alter or add to the First Schedule rules, or to make new rules.

The High Court must consider it

Before making any rules under § 122, the High Court shall take that report into consideration — a mandatory step.

Advisory, not binding

The Court must consider the report; it is not bound by it. The rule-making power stays with the High Court.

The bare Act

Section 124 · verbatim

Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration.

→ A mandatory consultation step in the § 122 rule-making process: the Committee (§ 123) advises, the High Court decides — the report must be considered but does not bind.

Note. § 124 stands as in the original Code. It links § 123 (the Committee) to § 122 (the power) — the High Court cannot make, annul or alter rules without first taking the Committee’s report into account.

Key terms decoded

Rule Committee

The body constituted under § 123 — bench, bar and the subordinate judiciary — whose function § 124 fixes: to report on rule proposals.

Shall make a report

A duty (“shall”) — the Committee must give its views in writing on the proposal.

Any proposal to annul, alter or add to

Any move to change the First Schedule rules — the same three verbs as § 122 — or to make new rules.

Take such report into consideration

The High Court must actually weigh the report before acting — not merely receive it. But it may, after considering, differ from it.

Before making any rules under § 122

The consideration must come first — it is a pre-condition to the High Court’s exercise of its rule-making power.

Advisory, not binding

The Committee is a consultative body — its report informs the decision; the final power remains the High Court’s.

The picture — the Committee advises, the Court considers

§ 124 wires the Committee into the rule-making loop. A proposal does not go straight to a rule: it passes through the Committee’s report, which the High Court must weigh before it makes, annuls or alters anything under § 122 — consultation made compulsory, the decision left to the Court.

Section 124, part by part

The Committee reports

Every Rule Committee shall make a report to the High Court established at the town at which it is constituted

A duty on the Committee — it shall report to the High Court at whose seat it sits.

On any rule proposal

on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules,

— on any move to change the First Schedule (annul / alter / add) or to make new rules.

The HC must consider it

and before making any rules under section 122 the High Court shall take such report into consideration.

And the High Court shall — before making rules under § 122 — take the report into consideration. The step is compulsory; the conclusion is the Court’s.

Connected provisions

Section 124 is the link between the Rule Committee (§ 123) and the rule-making power (§ 122): the Committee’s report is a mandatory input the High Court must consider before it makes, annuls or alters the First Schedule rules — which are then approved (§ 126) and published (§ 127).

§ 125 →Other High Courts — may exercise § 122’s powers (State-Govt conditions). (Next section.)

§ 123 ←The Rule Committee — who makes the report. (Previous section.)

§ 122 →The HC’s rule-making power — exercised after considering the report.

§ 126 →Rules subject to approval.

⚖ Part X MapRules §§ 121–131.

Test yourself

1 Before a High Court alters a rule in the First Schedule, what must it do with the Rule Committee’s report? — Take it into consideration — § 124 makes that a mandatory step before making rules under § 122.

2 Is the High Court bound to follow the Committee’s report? — No — it must consider it, but the decision remains the High Court’s.

3 On what proposals must the Committee report? — Any proposal to annul, alter or add to the First Schedule rules, or to make new rules (§ 124).

Part X · Rules · Section 124 — Committee to report to High Court.