Doctrine  of Severability

According to the constitution of India, no law can violate fundamental rights.

Hence, the framers of the Constitution of India provided the doctrine of severability which helps in the separation of unconstitutional laws and the rest laws remain in force.

In law, the term separation is used under the provision of a contract or piece of legislation. Severability means to separate something illegal from a legal thing so that the legal thing remains in force.

The doctrine of severability which is also known as the doctrine of separability drives validity from article 13 of the Indian constitution.

– When a particular provision of a law is violating the fundamental rights of the constitution, and this provision can be separated from the rest of the law, then, in that case, the court will declare that provision void, not the entire statute.

Article 13 of the Constitution of India provides certain conditions relating to the doctrine of severability which are:

– There should be a provision that is contrary to fundamental rights

– It should have no effect on the rest of the law.

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