Doctrine of Severability
Doctrine of Severability
1. Meaning
The Doctrine of Severability is a principle in constitutional law.
It holds that if a part of a law (statute) is found unconstitutional, that part can be “severed” or removed without affecting the validity of the rest of the law, provided the remaining portions can function independently and the legislature’s intent is clear.
This doctrine helps to save the valid parts of a statute even if some parts are invalid.
2. Purpose
To uphold the constitutionality of legislation as far as possible.
To avoid striking down an entire law just because a part of it is unconstitutional.
To maintain the legislature’s intent without disrupting valid legal provisions.
3. Application
Courts apply the doctrine during constitutional review of laws.
They examine if the unconstitutional section can be separated without affecting the rest of the law.
If yes, only the offending part is struck down.
If not, the entire statute may be invalidated.
4. Tests for Severability
Courts consider:
Whether the invalid portion can be separated from the rest.
Whether the remaining law can operate independently and still give effect to legislative intent.
Whether removing the invalid part changes the purpose or operation of the law.
5. Significance
Preserves law and order by avoiding unnecessary annulment of whole statutes.
Respects legislative will.
Balances constitutional supremacy with legislative efficiency.
6. Example
If a tax law includes a provision that violates fundamental rights, but other parts are valid, the unconstitutional provision can be severed and the rest of the law continues.
7. Landmark Cases
K.S. Puttaswamy v. Union of India (2017) — The Supreme Court discussed severability while upholding the constitutionality of Aadhaar Act provisions.
Kesavananda Bharati v. State of Kerala (1973) — Established the basic structure doctrine and recognized severability principles.
Summary Table
| Aspect | Explanation |
|---|---|
| Purpose | Preserve valid parts of a law |
| Action | Sever unconstitutional parts |
| Condition | Remaining law must be workable independently |
| Importance | Balances constitutional review with legislative intent |
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