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Report No. 60

13.3. Position under Article 13(2) of the Constitution.-

In India, the possibility of partial invalidity is implicit, at least in respect of a conflict with fundamental rights, because, under Article 13(2), a law inconsistent with fundamental rights is void "to the extent of the inconsistency". The question that arises is how far a law can be severed into portions which are void and those which are not.



General Clauses Act, 1897 Back




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