Part XI: Relations Between the Union and the States

Article 261: Public Acts, Records, and Judicial Proceedings

Original Article:

(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 such acts, records, and proceedings shall be proved and their effect 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.

Explanations:

Article 261 ensures uniformity and mutual respect for judicial decisions, public acts, and records across States and Union territories in India. It aims to uphold the principle of legal coherence within the Indian federation.

Clause-by-Clause Explanation:

Clause (1): Full Faith and Credit

This clause mandates that all public acts, records, and judicial proceedings from one State must be respected and acknowledged throughout India, ensuring national unity in legal matters.

Clause (2): Proof and Effect

Parliament is empowered to establish the rules and procedures to determine how public acts and records will be proven and their legal effect applied uniformly across India.

Clause (3): Execution of Judgments

Judgments or orders from civil courts in any State can be executed in any part of the country, ensuring accessibility and enforceability of legal decisions across States.

Legislative History:

Article 261 was introduced in the Constituent Assembly to establish inter-State harmony in legal proceedings and public acts. Its provisions were inspired by similar clauses in federal constitutions worldwide, emphasizing unity in legal administration.

Real-Life Examples:

• Inter-State Marriage Registrations: Public records of marriages registered in one State are recognized across India under this Article.
• Judicial Enforcement: A civil judgment passed in Maharashtra is executable in Tamil Nadu without additional legal proceedings.

Debates and Deliberations:

During the Constituent Assembly debates, members deliberated on the importance of uniformity in recognizing legal records across States. Key contributions included:

• Dr. B.R. Ambedkar: Stressed the need for seamless execution of civil judgments across India to uphold justice and efficiency.
• K.M. Munshi: Highlighted the importance of mutual trust between States in acknowledging public acts and records.