Article 251 of the Costitution of India with Case law
🔹 Article 251 of the Constitution of India
Title: Inconsistency between laws made by Parliament under Articles 249 and 250 and laws made by the Legislatures of States
🔸 Text of Article 251
Nothing in Articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which it is competent 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 is competent to enact under Article 249 or Article 250, 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 void.
🔸 Explanation of Article 251
Article 251 addresses a conflict between Union and State laws in certain exceptional circumstances, i.e., when:
Parliament makes laws on State List subjects under:
Article 249 (in national interest by Rajya Sabha resolution), or
Article 250 (during a Proclamation of Emergency).
Even though States can continue to legislate, if there is repugnancy (conflict) between:
A State law, and
A Parliamentary law enacted under Article 249 or 250,
➡ The Parliamentary law prevails, and
➡ The State law becomes void only to the extent of the inconsistency.
🔸 Illustrative Example
Suppose Parliament enacts a law on agriculture (State List) under Article 249 (Rajya Sabha resolution).
A State also enacts its own agriculture law.
If there's a conflict, the Parliamentary law will override the State law under Article 251.
🔸 Key Related Articles
| Article | Description |
|---|---|
| Article 249 | Parliament can make law on State subjects if Rajya Sabha declares it necessary in national interest. |
| Article 250 | Parliament can legislate on State subjects during national emergency. |
| Article 251 | Ensures Parliament’s supremacy in case of conflict with State laws made under Articles 249 or 250. |
| Article 254 | Deals with repugnancy in concurrent subjects. |
🔸 Important Case Laws on Article 251
🧑⚖️ State of Kerala v. Mar Appraem Kuri Co. Ltd., (2012) 7 SCC 106
Issue: Whether a State law conflicting with a Union law under Entry 7 of the Concurrent List was valid.
Held: If a Central law is validly enacted under special powers (like Article 249 or 250), it will override State law under Article 251.
🧑⚖️ Kannan Devan Hills Plantations Co. v. State of Kerala, AIR 1972 SC 2301
Relevance: Examined the repugnancy between State law and law enacted under special provisions like emergency or national interest.
Held: Parliament’s law shall prevail if it was enacted using special constitutional provisions, such as Article 249.
🧑⚖️ Tika Ramji v. State of U.P., AIR 1956 SC 676
Though primarily dealing with Article 254, the Court discussed the broader principle of Parliamentary supremacy and legislative competence — applicable also under Article 251 in case of national interest/emergency powers.
🔸 Summary Table
| Situation | Who can legislate on State subjects | Conflict resolution |
|---|---|---|
| Under Article 249 | Parliament (by Rajya Sabha resolution) | Parliament law prevails under Art. 251 |
| Under Article 250 | Parliament (during Emergency) | Parliament law prevails under Art. 251 |
| Normal Concurrent List | Both Centre & States | Article 254 applies |
🔸 Conclusion
Article 251:
Ensures Parliamentary supremacy in exceptional situations
Allows State legislatures to function, but not at the cost of national interest or emergency legislation
Provides a constitutional mechanism to resolve conflicts between Union and State laws when Parliament is acting under special powers
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