Doctrine Of Severability: An Analysis

Mansi Pahal, LLM, Symbiosis Law School, Pune

ABSTRACT

This concept is also known as the "Doctrine of Separability." To the degree of the contradiction or violation, it makes it clear that just the offending provision of the statute at issue will be recognized by courts as void and not the entire statute when some or all of a statute's provisions become unlawful because they violate fundamental rights.

The doctrine of separability says that if only one part of a law goes against or conflicts with a constitutional requirement, only that part will be thrown out and the rest of the law will still be in effect. According to this line of thinking, only a small part of the act is actually illegal, specifically the one that goes against Article 3 of the Constitution of India. Contradictory parts are the only things that can breach fundamental rights. Parts that infringe these rights individually, however, can be distinguished from the whole. It is impossible to discern the valid component from the invalid piece if they are merged. In such a circumstance, the court has no choice but to rule that the entire Act is invalid.

Keywords: Doctrine of Severability, separability, fundamental rights, Constitution, void.