Chapter Info (Click Here)
Book No. – 006 (Indian Polity)
Book Name – Introduction to the Indian Constitution (D.D. Basu)
What’s Inside the Chapter? (After Subscription)
1. Inter-State Comity
2. Recognition of Public Acts, Records, and Judicial Proceedings
3. Extra-Judicial Settlement of Disputes
4. Coordination Between States
5. Freedom of Inter-State Trade and Commerce
6. Article 301: Freedom of Trade, Commerce, and Intercourse
7. Limitations on Freedom of Trade and Commerce
8. Difference Between Article 19(1)(g) and Article 301
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Inter-State Relations
Chapter – 27
Inter-State Comity
Though a federal Constitution guarantees the sovereignty of the Units within their respective territorial limits, it is not possible for them to remain in complete isolation. The effective exercise of internal sovereignty by a Unit requires the recognition and cooperation of other Units in the federation. Accordingly, all federal Constitutions establish certain rules of comity, which Units must observe in their dealings with one another.
These rules and agencies relate to:
Recognition of the public acts, records, and judicial proceedings of each Unit.
Extra-judicial settlement of disputes.
Coordination between States.
Freedom of inter-state trade, commerce, and intercourse.
Recognition of Public Acts, Records, and Judicial Proceedings
Since the jurisdiction of each State is confined to its own territory (Articles 162 and 245(1)), the acts and records of one State might otherwise be refused recognition by another. To prevent this, the Constitution provides:
Full faith and credit shall be given throughout India to public acts, records, and judicial proceedings of the Union and every State (Article 261(1)).
Duly authenticated copies of statutes, statutory instruments, judgments, or orders of one State shall be recognized in another as if they were enacted by the latter State.
Parliament has the authority to legislate on the mode of proof of such acts and records or their effects (Article 261(2)).