Q. With reference to the Doctrine of Severability in the Indian Constitution, consider the following:- If a part of a law violates Fundamental Rights, only that part is struck down.
- The valid portion of the law can survive if it is separable and workable.
- If the valid and invalid parts are inseparable, the whole law becomes void.
- The doctrine is contained in Article 13 of the Constitution.
Which of the above statements is / are correct?
Answer:
All are correct statements
Notes: The Doctrine of Severability ensures that only unconstitutional provisions of a law are struck down, allowing legitimate parts to remain if they are workable and separable from the invalidated sections. If the valid and invalid provisions cannot be separated, the entire law is rendered void. This principle is codified under Article 13 of the Indian Constitution, which mandates invalidation of laws inconsistent with Fundamental Rights.