Doctrine of Severability

Definition

The rule that when only a part of a law is unconstitutional, the courts strike down only the offending part and keep the rest valid, provided the valid portion can stand independently. Also called the doctrine of separability.

Key points

• Anchored in the words "to the extent of the inconsistency" in Article 13; the whole statute is not voided if the bad part is separable.
• If the valid and invalid portions are so intertwined that they cannot be separated, the entire law falls.
• Leading cases: A.K. Gopalan v. State of Madras (1950), where only Section 14 of the Preventive Detention Act was struck down, and R.M.D. Chamarbaugwala v. Union of India (1957), which set out the tests for severability.
• The court looks at legislative intent: whether Parliament would have enacted the valid part alone.

Why it matters for CAPF

It is a core Article 13 doctrine and a standard companion to judicial review, eclipse and basic structure questions.

Common confusion

Severability decides how much of a law is struck down (the bad part only, if separable); eclipse decides whether a dormant law can revive.

Parent note

fundamental rights