Articles 260 and 261 of the Constitution of India
Article 260 deals with the jurisdiction of the Union in relation to territories outside India. Article 261 provides for full faith and credit throughout India to public acts, records and judicial proceedings of the Union and every State, and also addresses proof, legal effect and execution of civil court judgments.
Reviewed with reference to the current official text of the Constitution of India.
Article 260 - Jurisdiction of the Union in relation to territories outside India
Article 260 is part of Part XI of the Constitution, which deals with relations between the Union and the States. It enables the Government of India, by agreement, to undertake governmental functions in a territory that is not part of India. Such an arrangement remains subject to the law governing the exercise of foreign jurisdiction.
Text of Article 260
The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.
What Article 260 means
The provision contemplates an agreement between the Government of India and the government of a territory outside India. Through such an agreement, India may undertake executive, legislative or judicial functions that belong to the government of that territory.
The constitutional authority is not unlimited. The agreement is expressly made subject to any law for the time being in force concerning the exercise of foreign jurisdiction. Article 260 therefore supplies constitutional authority for agreed governmental functions outside Indian territory while preserving the operation of the applicable law governing foreign jurisdiction.
Article 261 - Public acts, records and judicial proceedings
Article 261 supports legal continuity across India by requiring recognition of public acts, official records and judicial proceedings of the Union and the States. It also empowers Parliament to regulate how such material is proved and what legal effect it has, and it provides for the execution of final civil judgments or orders throughout India according to law.
Text of Article 261
Clause (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.
Clause (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.
Clause (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.
Meaning of "full faith and credit"
In the context of Article 261, the expression requires public acts, records and judicial proceedings of the Union and every State to receive recognition throughout the territory of India. Clause (2) makes clear that Parliament may prescribe the manner of proof, the applicable conditions and the legal effect of those acts, records and proceedings.
Execution of civil judgments under Article 261(3)
Clause (3) establishes the constitutional principle that final judgments or orders of civil courts in one part of India are capable of execution elsewhere in India. The words "according to law" are important: actual execution must follow the applicable procedural law, including the relevant provisions governing execution of civil decrees and orders.
Scope and legal significance of Articles 260 and 261
| Provision | Subject | Core effect |
|---|---|---|
| Article 260 | Union jurisdiction in territories outside India | Permits the Government of India, by agreement, to undertake executive, legislative or judicial functions of a government outside Indian territory, subject to the applicable law on foreign jurisdiction. |
| Article 261(1) | Recognition | Requires full faith and credit throughout India for public acts, records and judicial proceedings of the Union and every State. |
| Article 261(2) | Proof and legal effect | Allows Parliament to prescribe how those acts, records and proceedings are proved and what effect they receive. |
| Article 261(3) | Civil judgments and orders | Makes final civil judgments and orders capable of execution anywhere in India according to law. |
Difference between Article 260 and Article 261
Article 260 concerns the exercise of governmental functions outside the territory of India pursuant to an agreement with the government of the relevant territory. Article 261 operates within India and deals with recognition of public acts, records and judicial proceedings, together with the nationwide executability of final civil judgments or orders according to law.
Official text and legal reference
For authoritative constitutional wording and subsequent constitutional amendments, readers should consult the current official edition of the Constitution published by the Legislative Department, Ministry of Law and Justice, and the Constitution materials available through India Code.
Official Constitution of India - Legislative Department
India Code - Government of India
Related constitutional provisions
Articles 260 and 261 appear near the end of Part XI. The succeeding provisions address inter-State river water disputes under Article 262 and the Inter-State Council under Article 263.
Read Articles 262 and 263 - Inter-State water disputes and Inter-State Council