Doctrine of Severability is an important aspect of Judicial review to protect the Fundamental Rights...........

Indian Polity Judiciary

Doctrine of Severability is an important aspect of Judicial review to protect the Fundamental Rights of Citizens. Which of the following statements are correct regarding Doctrine of Severability?

It states that if a part of an Act contradicts the FRs then only that part is made void rather than the whole Act.

It states that if a part of an Act contradicts FRs, then the entire Act becomes null and void.

It states that only Constitutional Amendment Act comes under the purview of Judicial Review and not the ordinary law.

None of the above.

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Explanation:

The doctrine of severability is a guardian of our fundamental rights, suppose if any of theprovisions in an act/statue is contrary to our fundamental rights then that provision only would consider being void and it is not the whole act that becomes void. The nature of the provision is material, suppose if any of the provision or any sub section is void due to its unconstitutional nature and if due to this the entire section adopts a different
meaning such that the scheme of the whole section in the act changes, then the whole section must be declared un constitutional. The doctrine of severability depends on validity of provisions in an act and the effect of those provisions on the whole act itself.