Doctrine of Severability

Doctrine of Severability: - This principle is applied in those cases where the constitutionality or unconstitutionality of the laws is inquired into or determined by the Hon’ble Supreme court or High court (s) of India in which the laws declared unconstitutional up to the extension of inconsistency, derogation & contravention of fundamental rights as mentioned in Part –III of the Constitution of India. According to this doctrine if any unconstitutional part of the act can be separated with the remaining part of the act without defeating the intention of the legislature and object of the act, moreover the original object of the act must also not be ceased. Consequently only the part (s) of the act which are inconsistent, derogatory and in contravention of the fundamental rights shall be declared unconstitutional but not the whole act. The relevant case laws are as A.K. Gopalan v. State of Madras , Bombay state v. Balsara , RomeshThappar v. State of Madras , R.M.D. Chamarbaugwala v. Union of India , KihotaHollohanv. Zachilhu Minerva Mills Limited v. Union of India and Sambhamurthy v. State of Andhra Pradesh.