6.2.4. Doctrine of Severability

If any legislature passes a law that violates any provision of the Constitution, then such a law is declared void by the Court “to the extent of such inconsistency”. Instead of declaring the entire law as illegal, only that portion of the law may be removed, which is inconsistent. This is the doctrine of severability.

In Minerva Mills Case (1980), the Supreme Court invalidated clause 4 and 5 of Article 368, which were added by 42nd Amendment Act in 1976.