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Which of the following statements best describes the doctrine of Severability?
- a)This is applied when the legislature enacting the law has transgressed its power as is mentioned in the Constitution.
- b)If 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.
- c)This doctrine comes into picture when there is a conflict between the different subjects in different lists.
- d)If any law becomes contradictory to the fundamental rights, then it does not permanently die but becomes inactive.
Correct answer is option 'B'. Can you explain this answer?
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Which of the following statements best describes the doctrine of Sever...
- This doctrine of severability is also known as the doctrine of separability.
- The doctrine of severability means that when some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute. Hence option (b) is the correct answer.
- In this doctrine it is not the whole act which is held invalid for being inconsistent with the Part three of the constitution which is given to the citizens of India. It is only those parts are inconsistent which are violative of the fundamental rights. But just the part which violates the fundamental rights is separable from that which does not isolate them. If it there that the valid portion is combined with the invalid portion that it is impossible to separate them. Then in such cases the court will leave it and declare the whole Act as void. This process of doing it is known as the doctrine of severability.
- The doctrine of severability was even used in the case of Minerva Mills vs Union of India where section 4 of 55 of the 42nd Amendment Act, 1976 was struck down for being beyond the amending power of the Parliament and then it had declared the rest of the Act as valid. Then in another case of Kihoto Hollohan Vs Zachillhu which is very famously known as the defection case. In this case the paragraph 7 of the Tenth Schedule which was first inserted by the 52nd Amendment Act of 1985 was declared as unconstitutional because it had violated the provisions under Article 368(2). But, the whole part was not declared unconstitutional. So, the rest of the Tenth Schedule excluding paragraph 7 was upheld by the Constitution.
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Which of the following statements best describes the doctrine of Sever...
Doctrine of Severability is a legal principle that allows a court to strike down a specific provision of a statute while leaving the rest of the law intact. This principle is commonly applied in cases where a particular provision of a statute violates the constitution or exceeds the powers of the legislature.
The correct answer to the question is option 'B', which states that if a specific provision of a statute offends or violates a constitutional limitation, only that offending provision will be declared void by the court, and not the entire statute.
Explanation:
The doctrine of severability is based on the idea that it is possible to separate the unconstitutional or offending provision from the rest of the statute, and the remaining valid portions can still be given effect. This principle is essential in preserving the legislative intent and preventing the entire statute from being invalidated due to a single problematic provision.
In practical terms, when a court determines that a provision of a statute is unconstitutional, it will evaluate whether the offending provision can be severed from the rest of the law. If the court finds that the unconstitutional provision is severable and can be removed without significantly affecting the purpose or functioning of the statute, it will strike down only that provision while preserving the remainder of the law.
This approach ensures that the legislative body's intent is respected and that the law can continue to function in a manner consistent with the constitution. It also allows the court to remedy the constitutional violation without unnecessarily invalidating the entire statute.
It is important to note that the doctrine of severability is not applicable in all cases. There may be instances where a statute is so intertwined that the offending provision cannot be severed without rendering the entire law ineffective. In such cases, the court may choose to strike down the entire statute.
In summary, the doctrine of severability allows a court to remove an offending provision from a statute while preserving the rest of the law. This principle ensures that the legislative intent is respected and that the statute can continue to function in a manner consistent with the constitution.
The correct answer to the question is option 'B', which states that if a specific provision of a statute offends or violates a constitutional limitation, only that offending provision will be declared void by the court, and not the entire statute.
Explanation:
The doctrine of severability is based on the idea that it is possible to separate the unconstitutional or offending provision from the rest of the statute, and the remaining valid portions can still be given effect. This principle is essential in preserving the legislative intent and preventing the entire statute from being invalidated due to a single problematic provision.
In practical terms, when a court determines that a provision of a statute is unconstitutional, it will evaluate whether the offending provision can be severed from the rest of the law. If the court finds that the unconstitutional provision is severable and can be removed without significantly affecting the purpose or functioning of the statute, it will strike down only that provision while preserving the remainder of the law.
This approach ensures that the legislative body's intent is respected and that the law can continue to function in a manner consistent with the constitution. It also allows the court to remedy the constitutional violation without unnecessarily invalidating the entire statute.
It is important to note that the doctrine of severability is not applicable in all cases. There may be instances where a statute is so intertwined that the offending provision cannot be severed without rendering the entire law ineffective. In such cases, the court may choose to strike down the entire statute.
In summary, the doctrine of severability allows a court to remove an offending provision from a statute while preserving the rest of the law. This principle ensures that the legislative intent is respected and that the statute can continue to function in a manner consistent with the constitution.
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Which of the following statements best describes the doctrine of Severability?a)This is applied when the legislature enacting the law has transgressed its power as is mentioned in the Constitution.b)If 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.c)This doctrine comes into picture when there is a conflict between the different subjects in different lists.d)If any law becomes contradictory to the fundamental rights, then it does not permanently die but becomes inactive.Correct answer is option 'B'. Can you explain this answer?
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Which of the following statements best describes the doctrine of Severability?a)This is applied when the legislature enacting the law has transgressed its power as is mentioned in the Constitution.b)If 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.c)This doctrine comes into picture when there is a conflict between the different subjects in different lists.d)If any law becomes contradictory to the fundamental rights, then it does not permanently die but becomes inactive.Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following statements best describes the doctrine of Severability?a)This is applied when the legislature enacting the law has transgressed its power as is mentioned in the Constitution.b)If 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.c)This doctrine comes into picture when there is a conflict between the different subjects in different lists.d)If any law becomes contradictory to the fundamental rights, then it does not permanently die but becomes inactive.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following statements best describes the doctrine of Severability?a)This is applied when the legislature enacting the law has transgressed its power as is mentioned in the Constitution.b)If 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.c)This doctrine comes into picture when there is a conflict between the different subjects in different lists.d)If any law becomes contradictory to the fundamental rights, then it does not permanently die but becomes inactive.Correct answer is option 'B'. Can you explain this answer?.
Which of the following statements best describes the doctrine of Severability?a)This is applied when the legislature enacting the law has transgressed its power as is mentioned in the Constitution.b)If 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.c)This doctrine comes into picture when there is a conflict between the different subjects in different lists.d)If any law becomes contradictory to the fundamental rights, then it does not permanently die but becomes inactive.Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following statements best describes the doctrine of Severability?a)This is applied when the legislature enacting the law has transgressed its power as is mentioned in the Constitution.b)If 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.c)This doctrine comes into picture when there is a conflict between the different subjects in different lists.d)If any law becomes contradictory to the fundamental rights, then it does not permanently die but becomes inactive.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following statements best describes the doctrine of Severability?a)This is applied when the legislature enacting the law has transgressed its power as is mentioned in the Constitution.b)If 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.c)This doctrine comes into picture when there is a conflict between the different subjects in different lists.d)If any law becomes contradictory to the fundamental rights, then it does not permanently die but becomes inactive.Correct answer is option 'B'. Can you explain this answer?.
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