Question

The Parliament enacts the "Fair Housing Act, 2024", which includes 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 violation of right to privacy under Article 21. The Supreme Court declares Section 10 unconstitutional but upholds other provisions. What principle did the Court apply?

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

Hint:

If part of a law is unconstitutional but separable, the rest survives.

Answer 1

The Correct Option is A

The doctrine of severability allows courts to strike down unconstitutional parts of a law while retaining valid portions. Here, Section 10 was severed for violating privacy, while Sections 3 and 6 remained in force. This balances invalid and valid provisions within one statute.