Constitution of India · Section Article 251
Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States
Article 251 — Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States
- Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.—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, but so long only as the law made by Parliament continues to have effect, be inoperative.
Plain English Summary
This article deals with situations where a law made by the Central Parliament (under specific powers like Articles 249 and 250) conflicts with a law made by a State Legislature. If there is a conflict, the law made by the Parliament will take precedence, but the State law remains valid to the extent of the conflict.
Key Points
- Parliament's laws under Articles 249 and 250 can override conflicting laws made by State Legislatures.
- If a State law contradicts a Central law, the Central law prevails.
- The State law is only valid in the parts where it does not contradict the Central law.
- The Central law remains effective even if the State law is made in a later year.
Why It Matters
This ensures that when central laws are enacted under special powers, they maintain supremacy over conflicting state laws, maintaining a unified legal framework across India.
Landmark Judgements
No major landmark judgements.