📜 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The State law may revive, but only if not repealed |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 |
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