Fill in the Blank: Doctrine of Severability allows the _______ part of a law to be retained.
- (a)Repealed
- (b)Inconsistent
- (c)Valid
- (d)Unconstitutional
Answer
Why
Correct — C. Article 13 makes a law void only to the extent of its inconsistency with the Fundamental Rights.
So a court strikes down the offending provision and keeps the rest, as long as the rest can stand on its own.
The part that survives is the valid part → option (c).
Why the others are wrong
- (a)Repealed — Repealed is the legislature's act of withdrawing a law. Severability is a court's tool in judicial review, and it is not about repealed parts.
- (b)Inconsistent — Inconsistent is the part the doctrine removes. Article 13 voids a law to the extent of the inconsistency, so this part is struck, not retained.
- (d)Unconstitutional — Unconstitutional is the part a court severs and strikes down. Keeping it would defeat the doctrine's purpose.
Concept
The doctrine of severability asks whether a law can survive once its unconstitutional part is cut out. If the valid and invalid parts are separable, the valid part stands.
If they are so bound together that the legislature would not have passed the rest alone, the whole law falls.
In A.K. Gopalan (1950), the Supreme Court struck down Section 14 of the Preventive Detention Act and upheld the rest.
Do not confuse it with the doctrine of eclipse. Eclipse applies to pre-Constitution laws that clash with Fundamental Rights: they are not wiped out but lie dormant, and revive if the conflict is removed by amendment.
Key facts
- Article 13(1) voids pre-Constitution laws to the extent of their inconsistency with the Fundamental Rights.
- Article 13(2) bars laws that take away Fundamental Rights, and voids them to the extent of the contravention.
- In A.K. Gopalan (1950), Section 14 of the Preventive Detention Act was struck down and the rest of the Act upheld.
- In Kihoto Hollohan (1992), Paragraph 7 of the Tenth Schedule was struck down and the rest of the anti-defection law saved.
Study next
Common traps
- Picking Inconsistent because the word appears in Article 13: that is the part removed, not kept.
- Assuming one bad clause voids the whole Act: under severability, the rest survives if it can stand alone.
Here a doctrine is tested through its effect, with the answer hidden among near-synonyms for the struck-down part. Pair each doctrine with its outcome: severability keeps the valid part, eclipse leaves a law dormant.
Related PYQs
No directly related past PYQ was found.