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What is Article 251 of indian constitution

 

📜 Article 251 of the Indian Constitution

Title: Inconsistency between laws made by Parliament under Articles 249 and 250 and laws made by the Legislatures of States
Part XI – Relations Between the Union and the States
Chapter I – Legislative Powers


🔹 Text Summary of Article 251:

If a State law conflicts with a Parliamentary law made under Article 249 (national interest) or Article 250 (during emergency), the Parliamentary law prevails.
The State law becomes void to the extent of repugnancy.


🧠 Key Concepts of Article 251:

🔍 Feature 📘 Details
🏛️ Applies When Parliament makes law under:
– Article 249 (national interest via Rajya Sabha)
– Article 250 (during national emergency)
⚖️ Conflict Between Laws If State law conflicts with such a Parliament law, the State law is overridden
📅 Effect Duration The State law remains ineffective as long as the Parliamentary law is in force
🔄 After Central Law Expires The State law may revive, but only if not repealed
🛠️ State Law Still Valid? Only valid to the extent it does not conflict with the Union law

🧪 Example Scenario:

📝 Situation ⚖️ Effect under Article 251
A state passes a law on public health, but Parliament has already passed one under Article 250 during emergency The Parliament law overrides the State law in case of conflict
Rajya Sabha enables Parliament to make a law on police reforms under Article 249 State law on police is valid only if not inconsistent with the central law

🔁 Related Articles:

Article Subject
249 Parliament legislating on State List in national interest
250 Parliament legislating on State List during emergency
254 Inconsistency between State and Union laws (Concurrent List)

🧠 In Simple Words:

Article 251 says:
If a State law clashes with a Union law made under special powers (Art. 249 or 250), then the Union law wins — and the conflicting parts of the State law do not apply.


Here is a 📊 Comparison Chart of Article 251 vs Article 254 of the Indian Constitution — both deal with conflict resolution between Union and State laws, but under different contexts.


⚖️ Comparison: Article 251 vs Article 254

🔢 Feature 🟥 Article 251 🟦 Article 254
📘 Title Inconsistency between laws made under Article 249/250 and State laws Inconsistency between laws made by Parliament and State Legislatures (Concurrent List)
🗂️ Applicable Subjects State List only (when Parliament legislates under special power) Concurrent List (both Parliament and State can legislate)
📜 When Applied? When Parliament legislates under:
Article 249 (national interest)
Article 250 (emergency) When both Parliament and a State legislate on the same Concurrent subject and there’s a conflict
🛑 Effect of Conflict State law becomes void to the extent of conflict with Union law Union law prevails and State law becomes void to the extent of repugnancy
🛡️ Exception (State Law Protection)? ❌ No exception — Parliament’s law always prevails ✅ Yes — if the State law gets Presidential assent, it can override Union law in that State
Effect Duration Valid as long as Parliament’s law under Article 249/250 is in force Continues until Parliament amends or repeals the State law
🧭 Who Prevails by Default? Parliament (always) Parliament, unless State law has President’s assent
🧠 Nature of Power Extraordinary or emergency power of Parliament Ordinary legislative powers of Parliament and State

🧠 Simple Explanation:

Article 💡 Used When
Article 251 Conflict due to special law by Parliament on State List (Art. 249 or 250)
Article 254 Conflict between Union and State laws on Concurrent List topics

🧾 Example:

🧪 Scenario ⚖️ Applicable Article
Parliament makes a law on agriculture during emergency Article 251
Parliament and a State both make marriage registration laws, and they differ Article 254