Fill in the Blank: Doctrine of Severability allows the.......... part of a law to be retained.
ARepealed
BInconsistent
CValid
DUnconstitutional
Answer:
C. Valid
Read Explanation:
Overview of the Doctrine of Severability
- The Doctrine of Severability (also known as the Doctrine of Separability) protects valid constitutional provisions of a law from being declared entirely void when only a portion of it is held unconstitutional.
- It ensures that only the unconstitutional or invalid part of a law is struck down, allowing the valid part to be retained and remain operational, provided it can function independently without the severed part.
Constitutional Basis
- This doctrine is derived directly from Article 13 of Part III of the Indian Constitution.
- Article 13(1) and Article 13(2) contain the phrase "to the extent of such inconsistency, be void", establishing the constitutional mandate for severing invalid sections rather than nullifying the whole statute.
Key Conditions for Application
- Separability Test: The valid portion of the statute must be easily separable from the invalid portion.
- Independence: The remaining valid part must be capable of surviving on its own and fulfilling the legislative purpose without relying on the struck-down provision.
- If the valid and invalid portions are so inextricably intertwined that they cannot be separated, the entire law is declared unconstitutional and void.
Landmark Case Laws
- A.K. Gopalan v. State of Madras (1950): The Supreme Court struck down Section 14 of the Preventive Detention Act, 1950, as unconstitutional while holding the rest of the Act valid, explicitly applying this doctrine.
- R.M.D. Chamarbaugwalla v. Union of India (1957): The Supreme Court laid down key rules for determining the severability of a statute, focusing on legislative intent.
- Kihoto Hollohan v. Zachillhu (1992): Paragraph 7 of the Tenth Schedule (Anti-Defection Law) was declared unconstitutional, but the rest of the schedule remained valid and constitutional.