RMDc Case vs UoI Judgement - Main Points and Insights
Doctrine of Severability: The doctrine allows courts to declare specific unconstitutional or invalid provisions of a statute or contract as void while upholding the remaining valid parts. It is based on the principle that if a particular provision offends constitutional or legal limits but is separable from the rest, only that part should be struck down.
- The doctrine of severability means that when some particular provision of a statute offends against a constitutional limitation, but that provision...is severable from the rest of the statute, only that offending provision will be declared void ["2024 Supreme(Online)(KAR) 39783"].
- Severance is an act of the parties, not of the Court...The doctrine of severability is discussed in Putsman v. Taylor...and the difficulties with the rules that govern it are apparent from various judgments ["
KANDIAH et al. v. TAMBIPILLAI
"].
Application in Contract and Statute Cases: Courts often apply the doctrine to save the constitutionality or validity of a statute or contract by removing only the offending parts, thus preserving the legislative intent or contractual agreement.
- The doctrine of severability is not confined to contracts of service, nor to contracts in restraint of trade...Severance turns on the parties’ intent as captured by their written agreement ["2025 Supreme(US)(ca6) 46"].
- In cases involving contracts, the court considers whether the central purpose of the contract is tainted with illegality; if not, the illegal part can be severed ["2024 Supreme(US)(ca9) 187"].
Severability in Judicial Decisions and Ordinances:
- In judicial review of laws or ordinances, courts have used the doctrine to uphold parts of legislation while invalidating others, especially when the invalid parts are separable and do not affect the legislative intent or overall purpose.
- The doctrine of severability means that when some part of a statute offends constitutional limits, only that part is struck down, leaving the rest intact ["2024 Supreme(Online)(KAR) 39783"].
- In the context of ordinances, if certain provisions are unconstitutional, courts may sever those provisions if they are separable from the rest of the ordinance ["2024 Supreme(Online)(KAR) 39783"].
Doctrine Supporting the Doctrine of Severability:
- The doctrine is supported by principles of fairness, judicial efficiency, and constitutional interpretation, ensuring that invalid parts do not lead to the invalidation of the entire legislation or contract unnecessarily.
- The policy reasons supporting severance are that it preserves the valid parts of legislation and avoids unnecessary nullification ["2024 Supreme(US)(ca9) 187"].
- The doctrine promotes fairness and judicial economy by preventing entire laws or contracts from being invalidated due to a few unconstitutional provisions ["
KAM THAI ENG LINDA & ANOR vs TAN SRI DATO KAM WOON WAH & ORS - Court of Appeal Putrajaya
"].
Analysis and Conclusion The case law and legal principles consistently affirm that the doctrine of severability is a vital tool in judicial review, allowing courts to excise only the offending parts of laws or contracts. This doctrine ensures that the legislative or contractual intent is preserved to the greatest extent possible, provided the remaining provisions can function independently and uphold the law's purpose. The UoI judgment emphasizes that the policy reasons for severance, such as maintaining constitutional guarantees and avoiding overreach, are fundamental, and courts should apply the doctrine to uphold the validity of statutes or contracts where feasible ["2024 Supreme(Online)(KAR) 39783"], ["2024 Supreme(US)(ca9) 187"]. Conversely, in the RMDC cases, courts have recognized the importance of severability in preserving valid interests and avoiding complete nullification of laws or provisions that are only partially invalid ["
KAM THAI ENG LINDA & ANOR vs TAN SRI DATO KAM WOON WAH & ORS - Court of Appeal Putrajaya
"], ["GLOBALTECH ENTERPRISE SDN BHD vs COMMERCE ASSURANCE BERHAD - 2008 MarsdenLR 717
"]. Overall, the doctrine of severability supports judicial prudence and constitutional fidelity by allowing the separation of valid from invalid parts, ensuring that only the problematic provisions are invalidated without undermining the entire legal framework.
