Doctrine of Severability Practice Questions

Correct answer: To preserve valid parts of a law

The Doctrine of Severability aims to preserve the valid portions of a law while removing the unconstitutional parts. This ensures that the legislature's intent is respected as much as possible.

Correct answer: Article 13

Article 13 declares laws inconsistent with Fundamental Rights as void. The Doctrine of Severability helps determine which parts of the law should be invalidated.

Correct answer: R.M.D.C. vs Union of India

In R.M.D.C. vs Union of India, the Supreme Court applied the Doctrine of Severability. It upheld valid provisions while striking down unconstitutional parts.

Correct answer: Whether invalid parts can be separated

The doctrine examines whether the unconstitutional part of a law can be separated from the valid part. If separable, only the offending portion is struck down.

Correct answer: It remains enforceable

The valid portion of the statute continues to remain enforceable. This ensures minimal disruption to legislative intent.

Correct answer: Valid and invalid parts must be separable

For the doctrine to apply, the valid and invalid parts must be separable. Otherwise, the entire statute may be struck down.

Correct answer: Doctrine of Eclipse

The Doctrine of Eclipse deals with laws becoming dormant due to inconsistency with Fundamental Rights. In contrast, severability deals with partial invalidation.

Correct answer: Provisions that can function independently

Severable provisions are those that can function independently of the invalid parts. Their validity does not depend on the unconstitutional sections.

Correct answer: Judiciary

The judiciary, particularly the Supreme Court and High Courts, applies the Doctrine of Severability. It is part of the power of judicial review.

Correct answer: Strike down only invalid provisions

The court will strike down only the unconstitutional provisions if they are separable. The valid parts will continue to operate.

Correct answer: Legislative intent

Legislative intent is crucial in determining whether the remaining law can function independently. Courts assess whether the legislature would have enacted the valid part alone.

Correct answer: They can survive if separable

Partially invalid laws can survive if the valid parts are separable from the invalid ones. This ensures continuity of governance.

Correct answer: Doctrine of Severability

The Doctrine of Severability ensures that only inconsistent portions of pre-constitutional laws are void. The rest of the law continues to operate.

Correct answer: It preserves constitutional portions

The doctrine preserves the constitutional portions of a statute. It ensures that only the offending sections are struck down.

Correct answer: Interdependence between provisions

If provisions are interdependent, severability cannot be applied. In such cases, the entire law may be invalidated.

Correct answer: They are declared void

Unconstitutional provisions are declared void under the doctrine. They are removed from enforcement while valid parts remain.

Correct answer: Presumption of constitutionality

The presumption of constitutionality supports severability by assuming laws are valid unless proven otherwise. Courts try to preserve as much of the law as possible.

Correct answer: Only unconstitutional sections removed

The doctrine results in removal of only unconstitutional sections. The remaining valid provisions continue to operate effectively.