Doctrine of SeverabilityThis is a featured page

Doctrine of Severability
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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. Motor General Traders Vs A.P. The Supreme Court laid down some important propositions on the doctrine of severability in this famous case.
  1. The history, object, title and preamble of the Act shall have to take into consideration
  2. The remaining statute, after removing the invalid and inconsistent portions from it, must give full meaning without any alterations. If any alterations are required to that remaining statute, then it must be struck down as a whole. The remaining portion shall also not to be taken into account
  3. The form is not material . The substance is material
  4. The question of severability has to be judged on the intention of legislature. To ascertain the intention of the legislature the statement of the mover of the bill is no more admissible than a speech made on the floor of the house
  5. The part of an Act can be held valid and another part invalid, if they are severable. If the offending provisions are so interwoven into the scheme that they are not severable, the whole is ultra vires and void
  6. It is well settled principle that the proceedings of the legislature cannot be called in and for construing a section.


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viswapass
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