What is Article 261?
By Balaji
Updated on: March 13th, 2023
Article 261 in the Constitution of India deals with Public acts, records, and judicial proceedings. Draft Article 238 (Article 261, Indian Constitution 1950) was discussed for the first time on 13 June 1949. It is concerned with the legality of public records, acts, and judicial proceedings and gave legitimacy to them. The legislation would determine the worth of these records as evidence.
Table of content
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1. Article 261 in the Constitution of India
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2. What is Article 261?
Article 261 in the Constitution of India
The Chairman of the Drafting Committee proposed two amendments. The first allowed only Union law to determine the worth of the records. The second proposed that the provisions of the Draft Article apply to princely states as well. The proposed amendments were approved without debate.
The provisions that are incorporated in Article 261 are:
(1) Public acts, judicial proceedings, and records of the Union and each State shall be given full faith and credit throughout the territory of India.
(2) The manner and conditions under which the acts, records, and proceedings referred to in clause (1) shall be proved, and their effect determined shall be as provided by Parliamentary law.
(3) Final judgments or orders delivered or passed by civil courts in any part of India’s territory are lawfully executable anywhere within that territory.
Summary:
What is Article 261?
Public acts, records, along with judicial proceedings are addressed in Article 261 of the Indian Constitution. Drafted On June 13, 1949, Article 238 (Article 261, Constitution of India 1950) was debated. It legitimized Union and state public acts, records, and judicial proceedings.
Some provisions were incorporated in Article 261 which stated that all public records, judicial proceedings, and acts by the state or the union must be given full credit throughout India. Moreover, it mentioned that final judgments passed by civil courts are executable everywhere in that territory.
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