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Report No. 60

13.4. Summary in Supreme Court judgment.-

In R.M.D. Chamarbaugwalla v. Union of India, AIR 1957 SC 628 (636, 637): 1957 SCR 930. the Supreme Court discussed the question of severability at length. The Court also summarised certain rules of construction laid down by the American Courts, in regard to the question of severability of a statute (for the purpose of determining the question of its constitutional validity). It is not necessary to quote here the discussion in full. It is sufficient to state that judicial decisions in India, have, in general, followed his judgment. Broadly speaking, if a part of an Act is void, the rest is not affected, if it can be separated.

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