Trace Your Case

Article 13 - The Rule of Severability

State of Bombay v. F.N. Balsara AIR 1951 SC 318


Whether there are sufficient grounds for declaring the whole Act to be invalid?

Whether the judgement of the Bombay High Court be upheld with regard to the specific provisions of the Act?


The case applied the doctrine of pith and substance which helps to concern the true character and nature of legislation. The petitioner pleaded that the Bombay Prohibition Act was violative of Article 19(1)(g) of the Indian Constitution. Thus, it must be declared void.

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