The Supreme Court has clarified that the Doctrine of Severability can be used in suits for specific performance, but only in rare situations. The court may remove invalid portions of a contract or provision without striking down the entire suit, provided the remaining part can stand independently.
BulletsIn:
* SC: Severability allowed in specific performance suits only exceptionally
* Doctrine removes invalid/unconstitutional parts while keeping valid parts
* If invalid portion is independent → sever and enforce the remaining
* If valid + invalid parts inseparable → entire provision may fail
* Aim: preserve function of the law or claim without discarding whole
* Helps avoid collapse of entire suit due to minor illegal clause
* Landmark cases cited: A.K. Gopalan, Minerva Mills, Kihoto Hollohan
* Courts uphold valid sections if workable after removing invalid part
* Ensures justice without compromising constitutional principles
* Strengthens flexibility in contract and constitutional adjudication




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