The Doctrine of Severability (or separability) states that if a part of a statute is unconstitutional, the remaining part will be held constitutional and valid if it is separable from the illegal part and can function independently. This means the entire Act is not invalidated if only certain provisions are found to be unconstitutional, provided the invalid parts can be severed without affecting the essential character or effectiveness of the rest of the Act.
When a Court declares certain provisions of an Act invalid, it does not affect the validity of the entire Act, according to
Asked in WBCS Main Paper 5 2019 · Topic: The Supreme Court (Landmark Judgments and Doctrines)
More Indian Polity and Governance questions
- The doctrine of prospective overruling was first evolved by Justice Subba Rao in
- "What cannot be done directly cannot be done indirectly". This statement epitomizes the doctrine of
- Which among the following is not a correctly matched pair ? (Case) (Year of Judgement of Supreme Court)
- Who among the following Judges of the Five-Judge Constitution Bench of the Supreme Court in the Aadhaar Scheme and Act case on 26 September, 2018 dissented from the majority verdict?
- In the verdict of which case, the Supreme Court of India has laid down that Secularism is a part of the basic structure of the Constitution? (1) Indra Sawhney v. Union of India, 2000 (2) R.C. Poudyal v. Union of India, 1994 (3) S.R. Bommai v. Union of India, 1994 (4) D.S. Nakara v. Union of India, 1983 (5) Question not attempted
- Read the following important judgments and find their correct chronological order : (i) Charu Khurana & Others vs. Union of India (ii) N. K. Bajpai vs. Union of India (iii) State of Gujarat vs. Mirzapur Moti Kureshi Kassab Jamat & Ors. The correct chronological sequence is
- Which of the following statements is not correct? (a) Passive euthanasia was made legal in India by Supreme Court of India in 2018. (b) For passive euthanasia, patients must consent through a living will. (c) The judgement was passed by a 5-member Constitution Bench of Supreme Court in case of Pinki Virani. (d) For passive euthanasia patients must be either terminally ill or in a vegetative state.
- While Validating "Aadhar" the Supreme Court of India makes it essential for which of the following?