Home The Constitution Part XI Article 251

Art. 251 Part XI: Relations Between the Union and the States

Inconsistency Between Laws Made by Parliament Under Articles 249 and 250 and Laws Made by the Legislatures of States

Exact text — Constitution of India

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 State law shall, to the extent of the repugnancy, be void.

In Plain English

What this Article actually means

This Article resolves the inevitable friction that arises when both the state (using its ordinary State List power) and Parliament (using its special, temporary Article 249/250 power) legislate on the same subject at the same time — Parliament's law simply prevails, and the conflicting state law becomes void to the extent of the inconsistency.

Why This Matters To You

How it shows up in everyday life

This confirms that even during the temporary windows when Parliament gains State List power (via the Rajya Sabha resolution or a National Emergency), states haven't lost their own ordinary legislative power on those subjects entirely — they just lose the fight if there's a genuine, direct conflict.

Read alongside this one

Art. 249 — Parliament's Power in the National Interest Art. 254 — Inconsistency Between Union and State Laws

Frequently Asked

Quick answers about Article 251

Does a state completely lose its power to legislate once Parliament acts under Article 249?

No — the state retains its own law-making power on that subject; it's only where there's a genuine, direct conflict between the two laws that Parliament's version wins, per this Article.

← PreviousArticle 250: Power of Parliament to Legislate With Respect to Any Matter in the State List if a Proclamation of Emergency Is in Operation Next →Article 252: Power of Parliament to Legislate for Two or More States by Consent and Adoption of Such Legislation by Any Other State

The text above reproduces Article 251 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.