What is the Doctrine of Severability?

What is the Doctrine of Severability?

The Doctrine of Severability means that if a part of a law is unconstitutional, only that invalid part is struck down, not the entire law.

Courts separate (“sever”) the unconstitutional provision from the valid ones, provided the remaining law can function independently.

This doctrine ensures that valid legislative intent is preserved while removing only the offending portion, commonly applied in constitutional and fundamental rights cases.

2 months ago

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