Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Doctrine of Severability in Writs
Prerogative Writs & Extraordinary Remedies
Definition
The rule applied by a constitutional court in a writ petition to excise and strike down only the unconstitutional sub-clauses of an enactment, preserving the remainder of the statute if it remains viable.
Example
In Minerva Mills v. Union of India, the Supreme Court severed and struck down Section 4 and Section 55 of the 42nd Amendment Act for damaging the Basic Structure, leaving the rest of the amendment intact.