Actual Article
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 is competent to enact under either of those articles, 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 inoperative.
UPSC Notes for Article 251
Explanation:
- State Legislature’s Power: Article 251 acknowledges the power of State Legislatures to make laws within their competence, even when Parliament has legislated on the same matter under Articles 249 and 250.
- Repugnancy Clause: However, if a state law is inconsistent with a parliamentary law made under Articles 249 or 250, the parliamentary law will prevail, and the state law will be inoperative to the extent of the inconsistency. This ensures uniformity and primacy of national laws in matters of national interest or during emergencies.
Key Points:
- Maintaining State Legislative Powers: Article 251 ensures that state legislatures retain their power to legislate even when Parliament exercises its special legislative powers under Articles 249 and 250.
- Primacy of National Legislation: In case of a conflict, parliamentary laws enacted under these special provisions take precedence, ensuring a unified legal framework on critical issues.
- Balance of Powers: The article balances state autonomy with the need for national uniformity during extraordinary circumstances.
Important Cases and Commissions Related to Article 251
Cases:
- No specific landmark cases directly interpreting Article 251, as it mainly deals with the resolution of conflicts between state and parliamentary laws.
Commissions:
- Sarkaria Commission: Examined the distribution of legislative powers and the resolution of conflicts between central and state laws.
- Punchhi Commission: Recommended measures to ensure that the use of Articles 249 and 250 does not undermine state autonomy while maintaining the primacy of national interest.
Important Reports Related to Article 251:
- Administrative Reforms Commission: Explored the implications of conflict resolution mechanisms between central and state laws and suggested improvements for better governance.
Previous Year Prelims Questions Related to Article 251
- (UPSC Prelims 2016) What happens when a state law is inconsistent with a parliamentary law made under Articles 249 or 250?
- A. The state law prevails
- B. The parliamentary law prevails
- C. Both laws are valid
- D. The President decides which law prevails Correct Answer: B. The parliamentary law prevails
- (UPSC Prelims 2018) Does Article 251 restrict the power of state legislatures to make laws on matters within their competence?
- A. Yes, completely
- B. Yes, but only during an emergency
- C. No, it does not restrict but resolves conflicts in favor of parliamentary laws
- D. Yes, if the Governor decides so Correct Answer: C. No, it does not restrict but resolves conflicts in favor of parliamentary laws
Previous Year Mains Questions Related to Article 251
- Mains 2016: “Discuss the significance of Article 251 in resolving conflicts between state laws and parliamentary laws made under Articles 249 and 250. How does it ensure a balance between state autonomy and national interest?”
- Mains 2019: “Evaluate the impact of the repugnancy clause in Article 251 on the legislative powers of states. How does it uphold the primacy of parliamentary legislation in matters of national importance?”
Additional Insights:
- Conflict Resolution: Article 251 provides a clear mechanism for resolving conflicts between state and parliamentary laws, ensuring that national legislation prevails on matters of national importance or during emergencies.
- Preserving Federal Structure: While ensuring the primacy of national laws, the article also preserves the federal structure by allowing state legislatures to exercise their legislative powers, thereby maintaining a balance between central authority and state autonomy.
Understanding Article 251 is crucial for UPSC aspirants as it provides insights into the mechanisms for resolving conflicts between central and state laws, emphasizing the balance between state autonomy and national interest. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and conflict resolution within the Indian Constitution.