Article 261 of the Costitution of India with Case law
🔷 Article 261 of the Constitution of India: Public Acts, Records and Judicial Proceedings
📜 Text of Article 261:
(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 the effect thereof shall be determined 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.
🧾 Explanation:
This Article ensures recognition across states of:
Public acts (e.g., laws),
Public records (e.g., birth, marriage certificates),
Judicial proceedings (e.g., court judgments).
It promotes legal uniformity and administrative cooperation across Indian states.
Clause (3) is particularly important — it allows civil court orders passed in one state to be executed in another.
⚖️ Important Case Laws on Article 261:
1. Rajasthan High Court Advocates’ Association v. Union of India, AIR 2001 SC 416
The Supreme Court held that judgments of one High Court are not binding on another, but under Article 261(1), judicial records and proceedings of one State must be recognized in others.
Strengthens judicial comity and respect across states.
2. M.C. Chockalingam v. Mangilal, AIR 1969 SC 387
The Supreme Court ruled that a civil decree passed by a court in one state can be executed in another, reinforcing Article 261(3).
3. K. S. Dharmadatan v. Central Government, AIR 1971 SC 2094
Recognized that public acts and records include even those relating to property and succession and that they must be given full faith and credit under Article 261(1).
4. Narinder Singh Rao v. Air Vice Marshal Mahinder Singh Rao, (2013) 9 SCC 425
The Court stated that foreign decrees are not automatically executable in India, distinguishing them from domestic decrees, which are executable across India under Article 261(3).
📌 Key Points Summary:
| Clause | Provision |
|---|---|
| (1) | All Indian states must recognize and respect each other's public acts, records, and judicial proceedings. |
| (2) | Parliament can make laws about how these are to be proved and used. |
| (3) | Civil court judgments are enforceable across India. |
🗂️ Related Provisions:
| Article / Section | Description |
|---|---|
| Article 141 | Supreme Court decisions binding on all courts |
| CPC Sections 38–42 | Civil decree transfer and execution across states |
| Article 245 & 246 | Legislative powers that impact "public acts" |
✅ Example:
If a civil court in Delhi issues a money decree, and the judgment debtor lives in Maharashtra, the decree can be executed in Maharashtra under Article 261(3) via the local court.
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