According to the legal doctrine of severability, if one or more of a law’s provisions are judged to be illegal or unconstitutional, the remaining portions of the law or contract may still be lawful and enforceable. Essentially, it gives a court the power to “sever”—or separate—the sections of a statute or contract that are illegal or unconstitutional while leaving the remaining portions in place.
The doctrine of severability is a crucial tool in contract law and legal interpretation because it keeps laws and contracts functional and intact even when some of its components are ruled defective or unconstitutional. By preventing the complete annulment of all legal papers when a legal challenge is made, it encourages a more balanced approach to legal disputes.
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This article is written by Shivani Singh faculty at Jyoti Judiciary.
