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Test: Doctrine of Severability - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Doctrine of Severability

Test: Doctrine of Severability for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Doctrine of Severability questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Doctrine of Severability MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Doctrine of Severability below.
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Test: Doctrine of Severability - Question 1
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In what way does the doctrine of severability contribute to the constitutional balance in legal systems?

Detailed Solution for Test: Doctrine of Severability - Question 1
The doctrine of severability plays a crucial role in maintaining a constitutional balance within legal systems by removing unconstitutional elements from laws while retaining their overall validity. This principle allows for the protection of citizens' rights while upholding the functionality and integrity of legislation, ensuring that laws remain enforceable and in accordance with constitutional principles.
Test: Doctrine of Severability - Question 2
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What is the role of the doctrine of severability in the Indian legal system?

Detailed Solution for Test: Doctrine of Severability - Question 2
The doctrine of severability in the Indian legal system serves to uphold the supremacy of the Constitution. When a law violates Fundamental Rights, only the offending portions are considered inconsistent with the Constitution. The courts then separate these unconstitutional elements, ensuring that the valid components are preserved. This process helps maintain the integrity of the Constitution while ensuring that legal frameworks remain functional and just.
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Test: Doctrine of Severability - Question 3
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How does the doctrine of severability help in maintaining the constitutionality of laws in India?

Detailed Solution for Test: Doctrine of Severability - Question 3
The doctrine of severability aids in maintaining the constitutionality of laws in India by separating unconstitutional elements from the rest of the law. This process allows for the preservation of valid components while removing those that are deemed inconsistent with the Constitution, thereby upholding the principles enshrined in the legal system.
Test: Doctrine of Severability - Question 4
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Why is the doctrine of severability crucial for the Indian legal system?
Detailed Solution for Test: Doctrine of Severability - Question 4
The doctrine of severability is crucial for the Indian legal system as it helps safeguard the Constitution's integrity. By allowing for the separation of unconstitutional elements from laws, this doctrine ensures that the legal framework remains true to the principles of the Constitution, striking a balance between protecting citizens' rights and upholding the rule of law.
Test: Doctrine of Severability - Question 5
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Which landmark case established the principle that if a specific section of a law is found to be unconstitutional, it can be removed while leaving the rest of the law intact and effective?
Detailed Solution for Test: Doctrine of Severability - Question 5
In the case of A.K Gopalan vs State of Madras, the Supreme Court ruled that if a particular section of a law is found to be unconstitutional, it can be removed while keeping the remaining parts of the law valid and enforceable. This principle illustrates the application of the doctrine of severability in distinguishing between valid and invalid components of laws.
Test: Doctrine of Severability - Question 6
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How does the doctrine of severability help in balancing the protection of citizens' rights and upholding the rule of law?
Detailed Solution for Test: Doctrine of Severability - Question 6
The doctrine of severability plays a vital role in balancing the protection of citizens' rights and upholding the rule of law by allowing courts to preserve the valid components of laws when unconstitutional elements are identified. This practice ensures that legal frameworks remain operational while safeguarding the integrity of the Constitution and promoting justice within the legal system.
Test: Doctrine of Severability - Question 7
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What principle does the Court uphold when it strikes down only specific conflicting parts of a law, allowing the remaining valid portions to function independently?
Detailed Solution for Test: Doctrine of Severability - Question 7
The Court employs the doctrine of severability when it nullifies conflicting sections of a law, ensuring that the valid components can continue to operate independently. This legal principle aims to preserve the constitutionality of the law by removing only the unconstitutional parts while upholding the rest. It is a crucial tool in maintaining the functionality of legal frameworks.
Test: Doctrine of Severability - Question 8
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How does the judiciary's power to strike down conflicting portions of a law contribute to the overall legal system's stability and functionality?
Detailed Solution for Test: Doctrine of Severability - Question 8
The judiciary's authority to nullify conflicting sections of a law, while preserving the valid portions, plays a critical role in maintaining the legal system's integrity and coherence. By removing unconstitutional elements and allowing the rest of the law to stand, this process ensures that the legal framework remains functional and aligned with constitutional principles. This practice contributes to the stability and effectiveness of the overall legal system.
Test: Doctrine of Severability - Question 9
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What does the Court do when determining the constitutionality of a law under the doctrine of severability?
Detailed Solution for Test: Doctrine of Severability - Question 9
When applying the doctrine of severability, the Court distinguishes between valid and invalid sections of a law. If the unconstitutional part can be separated from the valid portion, only the invalid sections are struck down, preserving the validity of the remaining legal framework. This process aligns with upholding the principles of the Constitution by removing only the unconstitutional elements.
Test: Doctrine of Severability - Question 10
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What distinguishes the judiciary's power in nullifying unconstitutional acts from that of the legislature?
Detailed Solution for Test: Doctrine of Severability - Question 10
The judiciary possesses the unique authority to nullify unconstitutional acts, a power not held by the legislature. This authority stems from the judiciary's role in interpreting the Constitution and ensuring that laws align with its provisions. By exercising this power, the judiciary upholds the foundational principles of the legal system and safeguards constitutional integrity.
Test: Doctrine of Severability - Question 11
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What is the key responsibility in proving that a law violates Fundamental Rights?
Detailed Solution for Test: Doctrine of Severability - Question 11
The burden of proof in demonstrating that a law violates Fundamental Rights lies with the individual making the claim. It is crucial for them to show evidence that their rights have been infringed upon, as well as any immediate harm that could result from the law coming into effect. This process is essential in upholding the protection of individual rights within a legal framework.
Test: Doctrine of Severability - Question 12
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When does the concept of severability come into play regarding a disputed provision conflicting with Fundamental Rights?
Detailed Solution for Test: Doctrine of Severability - Question 12
The concept of severability is invoked when a specific part of a provision conflicts with Fundamental Rights. In such cases, only the conflicting portion is nullified while the rest of the statute remains valid. However, if removing the provision makes the law ineffective in its entirety, the court may choose to invalidate the entire statute. This legal principle aims to balance the preservation of valid laws while addressing constitutional conflicts.
Test: Doctrine of Severability - Question 13
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Who has the authority to assess laws that may breach Fundamental Rights under Article 13(1)?
Detailed Solution for Test: Doctrine of Severability - Question 13
The High Courts and the Supreme Court are vested with the authority to evaluate laws that potentially violate Fundamental Rights, as outlined in Article 13(1). This responsibility ensures that legislative actions are in alignment with the constitutional guarantees of Fundamental Rights, allowing the judiciary to intervene when necessary to safeguard these rights.
Test: Doctrine of Severability - Question 14
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What does Article 141 of the Indian Constitution dictate regarding the Supreme Court's declaration of a law as unconstitutional?
Detailed Solution for Test: Doctrine of Severability - Question 14
Article 141 of the Indian Constitution mandates that when the Supreme Court deems a law unconstitutional, its decision is binding on all courts across India. This establishes a precedent that must be followed by all other courts in the nation, ensuring uniformity and consistency in legal interpretation and application.
Test: Doctrine of Severability - Question 15
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What legal consequence arises when the Supreme Court partially invalidates a law?
Detailed Solution for Test: Doctrine of Severability - Question 15
When the Supreme Court partially invalidates a law, the nullified section is retroactively deemed void, while the remainder of the law remains enforceable. This legal consequence ensures that the invalidated portion is treated as though it never existed, maintaining the validity and enforceability of the unaffected sections of the law.
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