What is the ‘Full Faith and Credit’ clause?
Q. Which of the following is/are?
1) Full faith and credit is to be given throughout India to judicial proceedings of the Centre and every state.
2) Courts of a state in India need to apply penal laws of any other state of India.- Published on 27 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 1
- The jurisdiction of each state is confined to its own territory.
- Hence, it is possible that the acts and records of one state may not be recognized in another state.
To remove any such difficulty, the Constitution contains the “Full Faith and Credit” clause which says that -
- Full faith and credit is to be given throughout the territory of India to public acts, records and judicial proceedings of the Centre and every state.
- The expression ‘public acts’ includes both legislative and executive acts of the government.
- The expression ‘public record’ includes any official book, register or record made by a public servant in the discharge of his official duties.
- The manner in which and the conditions under which such acts, records and proceedings are to be proved and their effect determined would be as provided by the laws of Parliament.
- This means that the general rule mentioned above is subject to the power of Parliament to lay down the mode of proof as well as the effect of such acts, records and proceedings of one state in another state.
- Final judgements and orders of civil courts in any part of India are capable of execution anywhere within India (without the necessity of a fresh suit upon the judgement).
- The rule applies only to civil judgements and not to criminal judgements.
- Thus, it does not require the courts of a state to enforce the penal laws of another state.
