New NABARD Workshop - Last 4 year trend. March 5 at 5 PM. Register here

    Question

    If there is any offending part in a statute, then, only

    the offending part is declared void and not the entire statute. This is the core theme of
    A Doctrine of Laches Correct Answer Incorrect Answer
    B Doctrine of severability Correct Answer Incorrect Answer
    C Doctrine of Pith and Substance Correct Answer Incorrect Answer
    D Doctrine of Colorable Legislation Correct Answer Incorrect Answer

    Solution

    Doctrine of Severability: It is also known as the doctrine of separability and protects the Fundamental Rights of the citizens.      • According to this doctrine, if there is any offending part in a statute, then, only the offending part is declared void and not the entire statute. • When invalid part can be severed from the enactment, the whole law/act would not be held invalid, but only the provisions which are inconsistent with the Fundamental Rights. In case such severance is not possible, the whole act will be held invalid. • As per clause (1) of the Article 13 of the Constitution, if any of the laws enforced in India are inconsistent with the provisions of fundamental rights, they shall, to the extent of that inconsistency, be void. • The whole law/act would not be held invalid, but only the provisions which are not in consistency with the Fundamental rights

    Practice Next