Doctrine of Severability

The doctrine of severability means that a law is void only “to the extent of the inconsistency or contravention” with the relevant Fundamental Right according to Article 13 of the Indian Constitution. The above provision means that an Act may not be void as a whole, only a part of it may be void and if that part is severable from the rest which is valid, and then the rest may continue to stand and remain operative. The Act will then be read as if the invalid portion was not there. If, however, it is not possible to separate the valid from the invalid portion, then the whole of the statute will have to go.

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