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Report No. 60

Severability-the problem

13.2. Question of severability of invalid statutes.-

The question relates to "severability". In countries having a rigid constitution, the possibility of a statute being declared void is, in general, implicit. Now, a statute may be partially valid (being in part in conformity with the Constitution), and partially invalid (being in part in conflict with the Constitution). Judicial determination of invalidity of the whole Act is rare, but not so rare is the judicial determination of invalidity of a part of the Act. In such cases, the question arises whether the invalidity of a part of the Act affects the entire Act so that the Act falls as a whole, or whether the valid portion survives. The broad principle, that the valid portion can so survive, is now recognised in almost all countries which have a right Constitution.

General Clauses Act, 1897 Back

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