Which of the following statements is/are correct?
1. When the court declares certain provisions of the Act as invalid and affects the validity of that Act, this principle is known as Doctrine of Severability.
2. It is the prospective character of Article 13(1) which gives rise to the Doctrine of Eclipse.
3. The American doctrine of waiver of Fundamental Rights is part of the Indian Constitution.
4. The doctrine of prospective overruling was not applied in I. C. Golaknath v. State of Punjab.
A. Only 1, 2 and 3 are correct
B. Only 2, 3 and 4 are correct
C. Only 2 is correct
D. Only 4 is correct
Answer: Option C
This Question Belongs to Law >> Constitution Of India
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Only option c is correct.
When a court declares some provisions of an act invalid, but the act is still valid IN PARTS, this is known as the doctrine of severability:
Explanation
The doctrine of severability is a legal principle that aims to keep the valid parts of a law or contract intact, even if some parts are invalid. It's also known as the doctrine of separability or the doctrine of partial invalidity.