What is Doctrine of Severability?
The Doctrine of Severability is a legal principle applied when a part of a law is found to be unconstitutional or invalid. Instead of striking down the entire law, the court removes or “severs” the unconstitutional part while leaving the rest intact, if possible. This allows the valid portions of the law to remain in effect, promoting judicial economy and preserving legislative intent. The decision to sever depends on whether the remaining provisions can still function independently and achieve their intended purpose without the unconstitutional portion. It ensures that the law remains enforceable to the extent possible despite any defects.