ARTICLE 251, 252 OF CONSTITUTION OF INDIA 1949

What is the meaning Inconsistency between laws made by Parliament under Articles 249 and 250 and laws made by the Legislatures of States? What is the Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State? Article 251 and 252 of Constitution of India, 1949

Inconsistency between laws made by Parliament under Articles 249 and 250 and laws made by the Legislatures of States and Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State are defined under Article 251 and 252 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 251 of Constitution of India "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.

 

Article 252 of Constitution of India "Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State"

(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in Articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the House of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.

(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.

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