Doctrine of Severability

Under this, the courts construct the meaning of a contract or act by severing the troubling part, if it is severable, and only if severability is not possible, the entire act is scrapped (Article 154).

The courts have the power to sever an unconstitutional provision in a statute and enforce the remainder of the statute if it can exist without the severed part (Article 155).

Article 13 is the basis of the Doctrine of Severability. It makes the two provisions in this regard: - 

• Article 13(1) deals with the pre-constitution  laws and declares that all such laws are void to the extent to which they are inconsistent with the Fundamental Rights.
• Article 13(2) deals with the post-constitution laws and prohibits the state from making a law which takes away or abridges the Fundamental Rights and any such law is void to the extent of the contravention.

In State of Bombay v. F.N Balsara AIR 1951 SC 318, it was held that the provisions of the Bombay Prohibition Act, 1949 which were declared as void did not affect the validity of the entire act and therefore there was no necessity for declaring the entire statute as invalid.