Doctrine of Severability

In this article we will discuss Doctrine of Severability

In this article, we will discuss Doctrine of Severability. So, let’s get started.

Doctrine of Severability

Article 13 of The Indian Constitution read,

“All laws enforce in India, before the commencement of Constitution, in so far as they are inconsistent with the provisions of fundamental rights shall to the extent of that inconsistency be void.”

The pressing aspect of the aforementioned clause must be explained with clarity. When a particular part of a statute bounce beyond the fundamental rights of the constitution, the very part of the statute/Act would be declared void provided that, the unconstitutional part of the statute/law is separable. But, if the unconstitutional part of the statute is inseparable, then the entire statue would be held void. Hence, severability finds its significant place while invalidating an unconstitutional portion of a statute.

The doctrine of Severability in Article 13 can be understood in two ways:

1. Article 13(1) validates all Pre-Constitutional Law and thereby declares that all Pre-Constitutional laws in force before the commencement of the Indian Constitution shall be void, if they are inconsistent with the fundamental rights.
2. Article 13(2) mandates the State that it shall not make any law which takes away or abridges the fundamental rights conferred in  Part III of Indian Constitution and any law contraventions this clause shall be void.

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