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The doctrine of severability under Article 13 was articulated in which Supreme Court case, where an Act partly invalid was upheld to the extent of the valid portion?
Answer & Solution
Correct answer: A.
1. The rule of severability was articulated in **A.K. Gopalan v. State of Madras, AIR 1950 SC 27**.
2. The Supreme Court ruled there that where an Act was partly invalid, if the valid portion was severable from the rest, the valid portion would be maintained, provided it was sufficient to carry out the purpose of the Act.
3. The rule rests on Article 13's phrasing: a law inconsistent with fundamental rights is void 'to the extent of inconsistency' — implying that the entire Act need not be struck down if only a part is invalid.
4. *Bhikaji* gives us the eclipse doctrine; *Maneka* is the arbitrariness case; *Charanjit Lal* concerns single-person law under Article 14.
_Source: ICSI CS Executive — Lesson 2, 'Doctrine of Severability', p. 32 ¶1._
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