Doctrine of severability

Polity & Governance glossary

Also called: Doctrine of separability · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT

Meaning

Under Article 13, a law is void only "to the extent" it breaks a fundamental right. So when part of a law is unconstitutional, the court strikes down only that part. The rest of the law survives if it can stand on its own. This saves useful laws from being thrown out completely because of one bad section.

Example

In Shreya Singhal (2015), the Supreme Court struck down section 66A of the IT Act, which punished "offensive" online messages, because it was vague and too broad. The rest of the Act, including the power to block content under section 69A, stayed in force.

Don't confuse with

  • Reading down: in reading down, no words are cut out. The court gives a provision a narrower meaning so that it stays valid.
  • Doctrine of eclipse: under eclipse, a law made before the Constitution that breaks a right is only put to sleep, not removed.

Related concepts

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