Q. Which of the following doctrines provides that, ‘when some particular provision of a statute is against the Constitution, only that offending provision will be declared void by the Court and not the entire statute’?
Exp) Option c is the correct answer.
While interpreting the Constitution, the Supreme Court is guided by a number of doctrines. The important doctrines are mentioned below:
Option c is correct: The Doctrine of Severability means that when some particular provision of a statute offends or is against a constitutional limitation, only that offending provision will be declared void by the Court and not the entire statute. Article 13 of the Constitution of India provides for Doctrine of severability which states that all laws in force in India before the commencement of Constitution shall be void in so far, they are inconsistent with the provisions of the Constitution.
| Important Tips Important Judicial Doctrines Doctrine of Colourable Legislation: It means when a legislature does not have the power to make laws on a particular subject directly, it cannot make laws on it indirectly. Doctrine of Pith and Substance: It states that if the substance of legislation falls within a legislature’s lawful power, the legislation does not become unconstitutional just because it impacts an issue beyond its area of authority. Doctrine of Eclipse: It is a principle that states that if any law or provision of a law which is inconsistent with the fundamental rights as has been guaranteed under the constitution of India; Then such law or such part as is inconsistent will be inoperative until the fundamental right is amended so as to not overshadow such law anymore. |
