Preservation of Valid Portions: Whenever possible, the theory seeks to maintain the elements of a law or contract that are legitimate and constitutional. It acknowledges that not all clauses in a legal document are necessarily connected to one another and that the invalidity of one clause need not imply that the entire document is invalid.
In some circumstances, a statute or contract may contain a separability or severability language that expressly states that if one part is held to be illegal, the remaining clauses shall still be upheld. Such phrases facilitate a court’s use of the concept.
Case-by-Case review: To decide whether the Doctrine of Severability should be applied, courts frequently conduct a case-by-case review. They determine if the invalid provision may be eliminated without having an impact.
If you want to be a judicial officer and are looking for RJS coaching in Jaipur , here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.
This article is written by Shivani Singh faculty at Jyoti Judiciary.
