Question

The Parliament enacts the ”Fair Housing Act, 2024”, which includes the following provisions:
(1) Section 3: Prohibits discrimination in renting or selling houses based on religion, caste, or gender.
(2) Section 6: Imposes a penalty of 10,000 for discrimination.
(3) Section 10: Makes it mandatory for landlords to disclose the religious background of all tenants in the previous 10 years. A citizen challenges Section 10, arguing that it violates the right to privacy under Article 21 of the Indian Constitution. The Supreme Court declares Section 10 unconstitutional but upholds the other provisions of the law.
What principle did the court apply in this decision?

• A. Doctrine of Eclipse
• B. Doctrine of Severability
• C. Doctrine of Basic Structure
• D. Doctrine of Colourable Legislation

Answer 1

The Correct Option is B

The Supreme Court’s decision to strike down Section 10 while upholding the rest of the Fair Housing Act demonstrates the application of the Doctrine of Severability. This doctrine allows courts to separate valid parts of a law from invalid ones, ensuring that the entire law is not nullified if only a portion is found to be unconstitutional.