Question 1GS2GS2
What is the Doctrine of Severability? Discuss with the help of relevant judicial decisions. (Answer in 150 words)
Main Body
Doctrine of Severability is a judicial doctrine which tends to remove only unconstitutional provision of the law enacted by the legislature. a Removal of provision of 97th AA in Rajendra Shah Case Significance of doctrine: i Upholds constitutionalism for Section 6 was declared void ii Ensures check & balance iii Removal of uncertain non-judicial review in Kshato Katahan Case iv Upholds democracy and citizen freedom eg - Kaki Section 8(4) declared void of RPA in dily Thomas Case (2013) v Maintains balance between objective of law & larger public interestPromotes Activism CuriumJudicial overreach, Violation of separation of power, Judicial restraint & upholding the constitutionalism is [necessary]
Unconstitutional of 42nd AA by SC in Minerular Mills Case (1980) A Ensures check & balance B Removal of uncertain non-judicial review in Kshato Katahan Case C Upholds democracy and citizen freedom eg - Kaki Section 8(4) declared void of RPA in dily Thomas Case (2013) A Maintains balance between objective of law & larger public interestPromotes Activism
170 words1 paragraphs
Diagram
Box showing 'Removed' branching to 'Removed by doctrine of severability'
Topper
pakshal
AIR 82090secretry
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Significant Provisions
Writing Stats
170
Total words
1
Paragraphs
analytical
Tone