Article 261 of Indian Constitution: Public acts, records and judicial proceedings

Article 261 of Indian Constitution ensures public acts, records, and judicial proceedings of the Union and states are recognized nationwide. Parliament legislates their proof and legal impact. This Article also mandates civil court judgments be enforceable across India, ensuring seamless judicial cooperation. By standardizing the recognition and enforcement of legal acts, Article 261 of the Indian Constitution promotes interstate harmony, consistent governance and a unified legal framework for effective administration throughout the country. Explore other Articles in depth in Constitutional Articles.

Article 261 of Indian Constitution

Public acts, records and judicial proceedings

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 any where within that territory according to law.

Note: "The information is referred from the official website of the Indian Code and is for reference only. Original laws and orders remain untouched.

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Article 261 shows how the Constitution was designed to govern a diverse country while building trust in the legal system. Here's a simplified interpretation of Article 261 of Indian Constitution in points:

1. Nationwide Respect: Public acts, records, and court decisions from the Union and States are honoured throughout India. This ensures uniformity.
2. Legal Proof: Parliament decides how to prove these acts, records, and proceedings. This ensures they are credible.
3. Final judgments made by civil courts in India can be enforced anywhere in the country. This makes legal processes easier and ensures fair justice. It also strengthens the connection between the Union and the States in India's federal system.
4. Stronger Federalism: Article 261 of Indian Constitution encourages teamwork between the Union and States, boosting India's federal system.
5. Uniform Legal Framework: It ensures consistency and reliability in legal and administrative processes nationwide.

Article 261 of Indian Constitution Significance

Article 261 of Indian Constitution under Part XI ensures the consistency and reliable legal and administrative processes all over India. It required the public acts, records and court decisions made by the Union or States to be recognised across India. Article 261 of the Indian Constitution highlights the constitutional importance of a well-considered strategy for maintaining a complex and unified nation that strengthens the federal system by collaboration between the Union and States. 

Further, it states the determination of methods for verifying these acts and evaluation, which ensures effects and transparency in civil court rulings from anywhere in India, which can be enforced anywhere in India to make legal processes smoother to support justice. Article 261 of Indian Constitution underscores the importance of consistency and reliability in legal frameworks, fostering trust and cooperation among different regions of India.

Article 261 of Indian Constitution has been cited in many cases about enforcing civil court judgments throughout India. The following are some of the landmark judgements:

Lalji Raja & Sons vs. Firm Hansraj Nathuram (1971)

The Supreme Court of India looked at a decree from West Bengal. This decree was moved to a court in Madhya Bharat, now part of Madhya Pradesh. The court ruled that the decree could be enforced under the Code of Civil Procedure. This code was amended in 1951 to include Madhya Bharat. The judgment stated that court decrees made in India aren't "foreign decrees." They receive full faith and credit under Article 261 of Indian Constitution.

Narhari Shivram Shet Narvekar v. Pannalal Umediram (1976)

The Supreme Court of India addressed the execution of a decree passed by the Bombay High Court in Goa, which had recently become a part of India. The court held that the decree was executable under Article 261(3) of the Indian Constitution. Article 261 of Indian Constitution ensures full faith and credit to civil court judgments across India. The judgment made it clear that the decree was not a "foreign decree." It can be enforced in Goa now that the Code of Civil Procedure has been extended to the area. The Court held the principle of honouring judicial decisions across the Country.

Vijaya Ganapati And M/s Intuit Technology Services Private Ltd

Recently, the Karnataka High Court dismissed an appeal by Vijaya Ganapthi challenging his termination. The Court upheld a decision of the Single Judge that recognized the legitimacy of a settlement recorded before the Labour Court. The Court highlighted Article 261 of Indian Constitution, which grants judicial proceedings full faith and credit, and stated that the appellant failed to show any special circumstances to rebut the presumption under Section 114 of the Evidence Act. 

Conclusion

Article 261 of Indian Constitution plays a vital role in maintaining consistency and trust in legal and administrative processes across India. It mandates full faith and credit for the Union and States public acts, records and judicial proceedings. It strengthens the federal framework. Article 261 shows the Constitution's wisdom in handling the challenges of governing a diverse nation. It builds trust and reliability in our legal systems. It underscores the importance of unity and collaboration in India's federal system.