Article 251 of Constitution of India
Article 251 of Constitution of India deals with Inconsistency between laws made by Parliament under Article 249 and 250 and laws made by the Legislatures of States
Original Text of Article 251 of 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 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.
Questions related to Article 251 of Constitution of India
Article 251 talks about the situation where there is an inconsistency between a State law and a law made by Parliament under Article 249 or Article 250, according to the Constitution of India.
If there is a conflict between a State law and a Parliamentary law made under Article 249 (national interest) or 250 (emergency), the Parliamentary law will prevail, as explained in Indian Kanoon.
No, the State law doesn’t get repealed. It just remains inoperative for the time being, to the extent of the inconsistency, while the Parliamentary law is in force, as per the Articles of Indian Constitution.
When the Parliamentary law expires or is repealed, the State law revives and becomes fully operative again, as mentioned under Article 251 of the Indian Constitution.
You can refer to Indian Kanoon to read important case laws, legal interpretations, and judgments that discuss the application of Article 251 of the Indian Constitution.
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