Q. Consider the following statements with reference to the Constitutional provisions for public acts, records and judicial proceedings:
1. ‘Public acts’ includes both legislative and executive acts of the government.
2. It requires the courts of a state to enforce the penal laws of another state.
3. Parliament has the power to determine the mode of proof of public records of one state in another state.
How many statements given above are correct?
Exp) Option b is the correct answer
Under the Constitution, 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.
Statement 1 is correct. 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.
Statement 2 is incorrect. 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. In other words, it does not require the courts of a state to enforce the penal laws of another state.
Statement 3 is correct. 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.
