Doctrine of Severability

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Doctrine of Severability or Separability states that when a part of the statute is declared unconstitutional, then the unconstitutional part is to be removed and the remaining valid portion will continue to valid. The idea is to retain the Act or legislation in force by discarding / deleting only the void portion and retaining the rest.

Related Cases / Recent Cases / Case Law

  • A K Gopalan v State of Madras: Section 14 of Preventive Detention Act, 1950 is stuck down by the Supreme Court because it is in violation of Fundamental Rights.

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