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TMI BlogDoctrine of SeverabilityX X X X Extracts X X X X X X X X Extracts X X X X ..... re the question of severability has been the subject of consideration in numerous authorities. They may be summarised as follows: 1. In determining whether the valid parts of a statute are separable from the invalid parts thereof it is the intention of the legislature that is the determining factor. The test to be applied is whether the legislature would have enacted the valid part if it had known ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re invalid, if they all form part of a single scheme which is intended to be operative as a whole, then also the invalidity of a part will result in the failure of the whole. Vide Crawford on Statutory Construction, PP. 218-219. 4. Likewise, when the valid and invalid parts of a statute are independent and do not form part of a scheme but what is left after omitting the invalid portion is so then ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o judicial legislation. Vide Sutherland on Statutory Construction, Vol. 2, p. 194. 7. In determining the legislative intent on the question of separability, it will be legitimate to take into account the history of the legislation, its object, the title and the preamble to it. Vide Sutherland on Statutory Construction, Vol. 2, PP. 177-178 . Doctrine of Severability- The principles underlying the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nto sections is purely artificial; but whether they are essentially and inseparably connected in substance. If, when the unconstitutional portion is stricken out that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent wholly independent of that which was rejected, it must be sustained. (MOTOR GENERAL TRADERS - 1983 (10) TMI 281 - S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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