Doctrine Severability
Legal definition for Indian law research
Definition
Doctrine severability, the main test to determine severability are (i) whether the part pronounced valid can stand along and be enforceable, (ii) whether the effect is to substitute for the law intended by the legislature one they may never have been willing, Commentary on the Constitution of India, Durga Das Basu, 5th Edn., Vol. 1, p. 220.
The Constitution of India contains specific provisions in regard to the doctrine of severability, namely, clauses (1) and (2) of Article 13 and clause (i) of Article 254, the former with regard to contravention of a Fundamental Right and the latter with regard to repugnancy of the State Law in relation to a Law of Parliament, Constitution of India, Art. 13(1)(2) and Art. 254(1)
The Constitution of India contains specific provisions in regard to the doctrine of severability, namely, clauses (1) and (2) of Article 13 and clause (i) of Article 254, the former with regard to contravention of a Fundamental Right and the latter with regard to repugnancy of the State Law in relation to a Law of Parliament, Constitution of India, Art. 13(1)(2) and Art. 254(1)
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.