The Constitution of India
Article 251
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.
Why this exists
Articles 249 and 250 let Parliament temporarily legislate on State List subjects — Article 249 when the Rajya Sabha declares a matter of national importance, and Article 250 during a national Emergency. These are exceptions to the normal federal division of powers, meant to be temporary. Article 251 makes clear that states don't lose their law-making powers altogether during this period; they can still legislate. It only resolves conflicts, giving Parliament's temporary law priority, but strictly bounded by the life of that law — once the Rajya Sabha resolution lapses or the Emergency ends, the state law revives fully. This protects federalism by ensuring central intrusion into state subjects remains temporary and doesn't permanently erase state legislative competence.
Common misconceptions
- Myth: Once Parliament legislates under Articles 249 or 250, the state permanently loses power to make laws on that subject.
Fact: The state's legislative power continues; only conflicting parts of the state law become temporarily inoperative while Parliament's special law is in force. - Myth: A state law that conflicts with such a Parliament law is void forever.
Fact: The state law is merely suspended to the extent of the conflict — it automatically revives once Parliament's Article 249/250 law ceases to have effect.