Part XI - Union-State Relations • Article

Article 251 Simplified: Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States

Article 251 clarifies that while Parliament legislates on State subjects under Articles 249 (national interest) or 250 (emergency), State Legislatures can still pass laws on those same subjects. However, if there is a conflict (repugnancy) between the state law and the central law, the central law prevails, and the state law becomes inoperative to the extent of the conflict for as long as the central law remains active.

Official Text

Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, be inoperative.

Simple Meaning

Explain Like Ten

If Parliament makes a temporary rule for a state during a national interest or emergency, and it clashes with an existing state rule, the national rule wins. But the state rule becomes active again after the national rule expires.

Student Mode

Article 251 deals with inconsistency between laws made by Parliament under Articles 249 (national interest) and 250 (emergency) and state laws. It provides that state legislatures retain their power to legislate on those subjects, but in case of a conflict, the Parliamentary law prevails. The state law becomes inoperative to the extent of repugnancy, but revives once the central law expires.

Example

If Parliament passes an emergency national security law on police coordination under Article 250, and Maharashtra passes a conflicting local police law, both laws co-exist, but Maharashtra's law is suspended wherever it conflicts with Parliament's law until the emergency ends.

Key Takeaway

Article 251 maintains state legislative competence during national interventions while ensuring central laws prevail in case of direct conflicts.

FAQs

Does Article 251 take away the state's power to legislate completely?

No, state legislatures can still legislate on the subject, but their laws remain in abeyance (inoperative) to the extent of conflict with the central law.

What happens to the state law after the central law under Article 249 or 250 ceases to have effect?

The state law becomes fully operative and enforceable again once the central law ceases to exist.

Quiz

According to Article 251, if a state law clashes with a central emergency law under Article 250:

Answer: The central law prevails

When does an inoperative state law under Article 251 become active again?

Answer: When the central law ceases to have effect