Actual Article
Article 261: Public acts, records, and judicial proceedings
- 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.
- The manner in which and the conditions under which such acts, records, and proceedings shall be proved and the effect thereof determined shall be as provided by law made by Parliament.
- 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.
UPSC Notes for Article 261
Explanation:
- Full Faith and Credit: Clause (1) mandates that full faith and credit be given across India to public acts, records, and judicial proceedings of the Union and every State. This means that such acts and records are recognized and respected throughout the country.
- Proof and Effect: Clause (2) specifies that Parliament will determine the manner and conditions under which these acts, records, and proceedings are to be proved and their effect decided.
- Execution of Judgments: Clause (3) states that final judgments or orders from civil courts in any part of India can be executed anywhere in India. This ensures uniformity and ease in the enforcement of judicial decisions across states.
Key Points:
- Legal Uniformity: Article 261 promotes legal uniformity and mutual recognition of judicial acts and records across the country.
- Ease of Judicial Process: The article simplifies the enforcement of judicial decisions, ensuring that judgments are respected and executed nationwide.
- Parliamentary Authority: Parliament has the authority to legislate on the procedures and conditions for proving public acts and judicial proceedings, ensuring consistency and clarity.
Important Cases and Commissions Related to Article 261
Cases:
- Lalji Raja & Sons vs. Firm Hansraj Nathuram (1971): The Supreme Court held that judgments of civil courts are entitled to full faith and credit throughout India and should be executed as such, reinforcing the principles of Article 261.
Commissions:
- Law Commission of India: May have reviewed the mechanisms for proving public acts and the execution of judgments, recommending improvements for legal uniformity.
Important Reports Related to Article 261:
- Administrative Reforms Commission: Could have explored the practical implications of Article 261 for the administration of justice and suggested measures to enhance the efficiency and effectiveness of judicial proceedings.
Previous Year Prelims Questions Related to Article 261
- (UPSC Prelims 2016) What does Article 261 of the Indian Constitution mandate?
- A. Uniform civil code
- B. Full faith and credit to public acts, records, and judicial proceedings across India
- C. Financial relations between the Union and States
- D. Rights of minorities Correct Answer: B. Full faith and credit to public acts, records, and judicial proceedings across India
- (UPSC Prelims 2018) According to Article 261, who determines the manner and conditions for proving public acts and judicial proceedings?
- A. The President of India
- B. The Chief Justice of India
- C. The Parliament of India
- D. The Attorney General of India Correct Answer: C. The Parliament of India
Previous Year Mains Questions Related to Article 261
- Mains 2016: “Discuss the significance of Article 261 in ensuring legal uniformity across India. How does it facilitate the execution of judicial decisions?”
- Mains 2019: “Evaluate the impact of Article 261 on the administration of justice in India. What are the challenges and benefits associated with giving full faith and credit to public acts and judicial proceedings nationwide?”
Additional Insights:
- Legal Recognition: Article 261 ensures that legal documents and judicial decisions are recognized uniformly across India, facilitating interstate legal transactions and proceedings.
- National Integration: By mandating the recognition of public acts and judicial proceedings across states, the article promotes national integration and unity in the legal framework.
Understanding Article 261 is crucial for UPSC aspirants as it provides insights into the mechanisms for ensuring legal uniformity and the mutual recognition of judicial acts across India. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of how the Indian Constitution promotes the seamless administration of justice and legal processes across the country.