Various TLDs have differing requirements for whether name servers are provisioned or not. For example ".de" does require that name servers are up and running and correctly configured before they'll allow the domain registration to proceed.
The technical standards for DNS don't require it though, in fact there's nothing in the core DNS specifications to link together the registration of a name with its subsequent operation in the DNS.
Therefore, using whois
is probably the most reliable method, with the caveat that you'll need a whois client that's clever enough to figure out which server to talk to for the domain in question.
That said, checking for the appropriate NS record is a very good shortcut to check that a domain is registered, you just can't use the absence of such a record to prove that it isn't!