Doctrine of severability

The doctrine of severability or separability means that if an offending provision can be separated from that which is constitutional then only that part which is offending is to be declared as void and not the entire statute. This is related to article 13 of the constitution of India. Article 13 of the Constitution says that :

13. (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

The words “to the extent of such inconsistency be void: in the above articles means that only the repugnant provisions of the law in questions shall be treated by courts as void and not the entire statute.

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