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.
Section 6: Imposes a penalty of ₹10,000 for discrimination.
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 Basic Structure
• B. Doctrine of Colourable Legislation
• C. Doctrine of Eclipse
• D. Doctrine of Severability

Hint:

Under the Doctrine of Severability, unconstitutional parts of a law can be removed without affecting the validity of the rest of the legislation.

Answer 1

The Correct Option is D

Step 1: Understanding the situation.
The Court found Section 10 unconstitutional as it violated the right to privacy under Article 21. However, the rest of the law was still valid and enforceable.
Step 2: Applying the Doctrine of Severability.
According to the Doctrine of Severability, if some provisions of a statute are unconstitutional, they can be struck down without invalidating the entire act, provided the rest can function independently.
Step 3: Conclusion.
Since only Section 10 was struck down and the rest of the Act remained valid, the Court applied the Doctrine of Severability.