When the court declare that certain provisions of the Act as invalid, it does not affect the validity of the Act and it remains as it is. The principle is known as :
UGC NET - 2012,
Answer: B
When a court declares some provisions of an Act invalid but the rest of the Act can stand on its own, the Act as a whole remains in force. This is the doctrine of severability, which asks whether the valid part can be separated from the invalid part. The doctrine of prospective overruling limits the effect of a changed ruling to the future, the doctrine of pleasure governs how long public servants hold office under the Crown, and the doctrine of eclipse deals with a pre-Constitution law that is overshadowed by a fundamental right and revives when the obstacle is removed. The answer is the doctrine of severability.
Please log in or register to report this question.