The Limits Of The Doctrine Of Severability In Preserving Legislative Intent

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Anuja Pimpalapure, LL.B. Department of Law, Dr. Harisingh Gour Central University, Sagar

Ashwani Kumar, LL.M., Department of Law, Dr. Harisingh Gour Central University, Sagar

ABSTRACT

The doctrine of severability is a fundamental principle in constitutional adjudication, allowing courts to uphold the valid portions of a statute while excising provisions deemed unconstitutional. Rooted in Article 13 of the Indian Constitution and the judicial review doctrine in the United States, this principle aims to balance constitutional compliance with the preservation of legislative intent. However, its application is not without controversy and limitations. Courts are often faced with the complex task of interpreting legislative will, managing interdependent statutory provisions, and avoiding judicial overreach. This paper explores the evolution, theoretical underpinnings, and judicial interpretations of the doctrine of severability, particularly focusing on its role in maintaining legislative coherence. Through comparative analysis of landmark judgments from India and the United States, the study identifies both the strengths and inherent constraints of the doctrine. It further proposes legal and procedural reforms to enhance clarity, consistency, and public interest safeguards in the application of severability, thereby ensuring that the judiciary respects legislative supremacy while upholding constitutional values.

Keywords: Legislative Intent, Doctrine of Severability, Statutory Interpretation, Functional Independence, Article 13 (Indian Constitution), Legal Validity, Unconstitutional Provisions.

THE LIMITS OF THE DOCTRINE OF SEVERABILITY IN PRESERVING LEGISLATIVE INTENT.pdf

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