Part XI - Union-State Relations • Article

Article 261 Simplified: Public acts, records and judicial proceedings

Article 261, the 'Full Faith and Credit' clause, mandates that all public acts, records, and judicial proceedings of the Union and state governments must be recognized throughout India. It also guarantees that final decrees and judgments passed by civil courts in any state can be executed anywhere in the country.

Official Text

(1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State. (2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament. (3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law. Disputes relating to Waters

Simple Meaning

Explain Like Ten

If a court in one state orders someone to pay a fine or return property, and that person moves to another state, the courts in the new state will enforce that order directly. Every state must respect other states' official records and court judgments.

Student Mode

Article 261 contains the 'Full Faith and Credit' clause of the Indian Constitution. Clause (1) ensures that public acts, records, and judicial proceedings of the Union and all states are recognized nationwide. Clause (3) is a vital provision that makes final decrees and judgments passed by civil courts in any state executable anywhere in India, preventing individuals from escaping civil liability by moving across state lines.

Example

If a civil court in Delhi orders a business owner to pay a debt, and the business owner moves their property to Karnataka, the Delhi court's final decree can be executed directly by a local court in Karnataka without needing a new trial.

Key Takeaway

Article 261 binds India into a single legal and judicial space, ensuring public records and civil judgments have national validity.

FAQs

Does Article 261 apply to criminal court judgments?

No. Clause (3) specifically applies only to final judgments or orders passed by civil courts.

Who has the power to prescribe how public records are proved across states under Article 261?

Parliament has the exclusive power under Clause (2) to pass laws prescribing the manner of proof and effect of these records.

Quiz

What is Article 261 commonly referred to as?

Answer: The Full Faith and Credit Clause

Under Article 261(3), final judgments capable of execution anywhere in India must be from which courts?

Answer: Civil courts