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In Indian constitutional jurisprudence, the 'doctrine of severability' (Article 13) operates so that
AThe entire statute falls if any provision is found unconstitutional
BOnly the offending portion is struck down provided the remainder can stand independently and reflects legislative intent
CThe court must always re-write the statute to bring it within constitutional limits
DSeverability applies only to pre-Constitution laws
Answer & Solution
Correct answer: B. Only the offending portion is struck down provided the remainder can stand independently and reflects legislative intent
R M D Chamarbaugwalla v UoI (1957) is the classic statement. If the offending and valid parts are so inextricably mixed that they cannot be separated, the whole law falls; otherwise, only the offending part is excised. Article 13 mandates the exercise.
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