What is the purpose of a severability provision?

• A. It invalidates the entire statute if any part is unconstitutional.
• B. It saves part of a statute from declaration of unconstitutionality when one or more other parts are declared unconstitutional.
• C. It delays enforcement of unconstitutional provisions.
• D. It requires legislative approval for severability.

Answer: (B)

Severability provisions are there to keep the parts of a statute that are constitutional in force even if another part is struck down. When one or more provisions are found unconstitutional, the clause allows the valid portions to continue to operate while removing or excising the invalid portions. This preserves the statute’s overall purpose and avoids tossing out the entire law because of a defect in a single section. The other options describe delaying enforcement, invalidating the whole statute, or requiring legislative approval, none of which capture the function of severability.