Doctrine of Severability:

Meaning:   When a particular provision of an enactment ( or of subordinate legislation) is found to be void as violating a constitutional provisions (e.g. a provision as to fundamental rights) the question  may arise  as to what  is the impact of such finding on the other provision of the Act.  The  doctrine of severability  allows  the provisions of the Act which are consistent with the Part III and discards those provisions which are inconsistent  with the Part III, if both the provisions  are separable. If the provisions are not separable, then the entire Act is treated as Void.  This is called  the Doctrine of severability.

Motor General Traders  Vs  A.P.

The Supreme Court  laid down  some important  propositions on the doctrine of severability in this famous case.

1. The history, object, title and preamble of the Act  shall have to take into consideration
2. The  remaining statute, after removing the invalid and inconsistent  portions from it, must give full meaning without any alterations. If any alterations are required to that remaining statute, then it must be struck down as a whole. The remaining portion  shall also not to be taken into account
3. The form is not material .  The substance is material
4. The question of severability has to be judged  on the intention of legislature. To ascertain the intention of the legislature the statement of the mover of the bill is no more  admissible  than a speech made on the floor of the house
5. The part of an Act  can be held valid and another part invalid, if they are severable. If the offending provisions are so interwoven  into the scheme that they  are not severable, the whole  is ultra vires  and void
6. It is well settled  principle  that the proceedings of the legislature cannot be called  in and for construing  a section.

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