A topper · GS2 · 50 pages

Pakshal: GS2 answer copy

20 answers by Pakshal, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 120 words written

What is the Doctrine of Severability? Discuss with the help of relevant judicial decisions.

Opening · a definition

Doctrine of severability is a judicial doctrine which tends to remove only unconsitutional provision of the law enacted by the legislature.

Eq - Removal of provision of 97th AA in Rajendra Shah Case

Body · points and prose

Diagram
* Venn diagram representing law vs constitutional provisions: * Left circle labelled 'law' * Right circle labelled 'constitutional' * Shaded region in the intersection of 'law' not overlapping with 'constitutional' labelled as: * ▨ → Removed by doctrine of severability

Significance of doctrine

(1) Upholds constitutionalism

Section 5 was declared unconstitutional of 42nd AA by SC in Minerva Mills Case (1980).

(2) Ensures check & balances

→ Removal of non Judicial review in Kihoto Holahan Case.

(3) Upholds democracy and citizen freedom

→ Section 8(4) declared void of RPA in Lily Thomas Case (2013)

(4) Maintains balance between objective of law & larger public interest

Criticism → Promotes Activism → Judicial overreach → Violation of separation of Power

Close · a way forward

Judicial restraint & upholding the constitutionalism is way forward.