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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

The High Court of a State (not a Judicial Commissioner's court) proposes to alter some rules in the First Schedule so that they govern both the High Court and the subordinate civil courts under its superintendence. Which statement is correct under Section 122?

Section 122 allows such High Courts to make rules, after previous publication, regulating their own procedure and that of subordinate civil courts under their superintendence, and to annul, alter or add to First Schedule rules. No State Government notification is needed.

  1. AIt may do so by rules made from time to time after previous publicationCorrect
  2. BIt may do so only for its own procedure, not for subordinate courts
  3. CIt may only add rules, never annul or alter them
  4. DIt needs a State Government notification under Section 5

Explanation

Section 122 empowers such High Courts, from time to time after previous publication, to make rules regulating their own procedure and that of civil courts subject to their superintendence, and to annul, alter or add to any rules in the First Schedule. The option limiting it to its own procedure or to additions is wrong, and Section 5 concerns Revenue Courts.

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