glossary

govind kumar (Querist) 11 March 2011 This query is : Resolved
Explain doctrine of severability

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Mamta (Expert) 11 March 2011
Doctrine of Severability:

Meaning: When a particular provision of an enactment ( or of subordinate legislation) is found to be void as violating a constitutional provisions (e.g. a provision as to fundamental rights) the question may arise as to what is the impact of such finding on the other provision of the Act. The doctrine of severability allows the provisions of the Act which are consistent with the Part III and discards those provisions which are inconsistent with the Part III, if both the provisions are separable. If the provisions are not separable, then the entire Act is treated as Void. This is called the Doctrine of severability.

Gulshan Tanwar (Expert) 11 March 2011
Minerva Mills Case and see it in the light of Art.13 of the Constitution......

Guest (Expert) 12 March 2011
Hi Govind,

The term doctrine denotes "a principle established through judicial decision, not through any statute. So, if any clause in a statute, by virtue of any such doctrine, makes the statute's parts or provisions severable separable) so that one part can be invalidated without invalidating the whole of that, the same is called the doctrine of severability.

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