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Constitution of India · Part XI: Relations Between the Union and the States · Distribution of Legislative Powers

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

In plain words

Articles 249 and 250 do not stop a State Legislature from making laws it has power to make. But if a State law conflicts with a law Parliament makes under those articles, Parliament's law prevails, and the State law is inoperative to that extent for as long as Parliament's law has effect.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

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, but so long only as the law made by Parliament continues to have effect, be inoperative.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this article

Article 251 resolves conflicts between a State law and a Parliamentary law made under Articles 249 or 250. The Parliamentary law prevails, and the State law becomes inoperative to the extent of repugnancy, but only so long as the Parliamentary law remains in effect.

Key points

  • The State law is suspended, not void; it revives when the Central law lapses.
  • Compare Article 254(1), under which a repugnant State law on a Concurrent subject is void to the extent of repugnancy.
  • States keep full power to legislate on the matter during the period.

Common mistakes

  • Calling the State law 'void'; under Article 251 it is only inoperative for the time being.

Read with: Article 249 Constitution, Article 250 Constitution, Article 254 Constitution

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the article 251