ISSUE:
Whether the Prize Competitions Act of 1955 (“Act”) includes competitions based on skill within the definition of "prize competition"?
Whether the inclusion of games based on substantial skill infringes petitioners' right to conduct business under Article 19(1)(g) of the Indian Constitution?
Whether the principle of severability is applicable if Sections 4 and 5 are held to be void?
RULE:
To ascertain the real meaning of words used in a statute, Courts should determine the aim, scope, object and intent of the Act.
This requires consideration of what the law was before the Act was passed, what was the mischief, what remedy was appointed by the Parliament and the reason of the remedy, as laid down in Heydon’s Case.
The doctrine of severability severs the unconstitutional provisions from the rest of the Statute giving effect to the other constitutional provisions.