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
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.