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Under the doctrine of 'severability', when only a part of a statute is held unconstitutional
AThe doctrine applies only to pre-Constitution laws
BThe entire statute always falls
CThe offending part is severed and the remainder stands, provided the remainder is independently workable and reflects legislative intent
DThe court rewrites the statute
Answer & Solution
Correct answer: C. The offending part is severed and the remainder stands, provided the remainder is independently workable and reflects legislative intent
R M D Chamarbaugwalla v UoI (1957) is the classic Indian authority on severability under Article 13. If the offending and valid parts are 'inextricably mixed', the whole law falls; otherwise, only the offending part is excised.
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