The Constitution of India
Article 261
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 anywhere within that territory according to law.
Why this exists
India's Constitution creates one country with many states, each having its own courts and administrative records. Without a rule like this, a court order or official document from one state might be ignored or doubted in another, causing chaos for citizens who move, do business, or seek justice across state lines. Article 261 borrows from the 'full faith and credit' concept found in federal constitutions like the United States', ensuring legal unity: what is valid in one state is valid throughout the Union, and court decisions don't need to be re-litigated or re-proved every time they cross a state border.
How courts read it
Courts have generally read Article 261 as reinforcing the integrated judicial system envisioned by the Constitution, where India has one hierarchy of courts (unlike the U.S. with separate state and federal systems). Courts have clarified that 'full faith and credit' does not mean a judgment obtained by fraud or without jurisdiction must be blindly enforced — principles of natural justice and jurisdiction still apply. Clause (3) has been read alongside the Code of Civil Procedure, which lays down the actual mechanics for how decrees are transferred and executed across states.
Common misconceptions
- Myth: Article 261 means every judgment must be automatically enforced everywhere without question.
Fact: Courts still check jurisdiction and basic fairness; judgments obtained through fraud or without proper jurisdiction are not entitled to blind recognition. - Myth: This Article only applies to court judgments.
Fact: It also covers 'public acts' and 'records' — meaning laws, official documents, and administrative records of the Union and States, not just judicial decisions.