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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.