pro tanto
Something operates pro tanto when it has effect only to a limited extent rather than wholly. A statute repealed pro tanto is repealed only to the extent of the inconsistent part. A pre-Constitution law inconsistent with fundamental rights is void under Article 13 only to the extent of the inconsistency; under Article 254 a State law repugnant to a Central law is void to the extent of the repugnancy. A payment pro tanto discharges a debt to the amount paid.
It is related to the doctrine of severability: the valid part survives if it can stand on its own. Do not confuse it with pro rata (proportionately).
Example
The State law was void pro tanto, only to the extent it conflicted with the Central Act, and the rest of it remained in force.
In Indian law
- Articles 13 and 254, Constitution of India
See also
doctrine of severability · repugnancy · pro rata · repeal
Read more in the study notes
- Centre-State legislative relations (Constitutional Law II)
- Subordinate judiciary and administrative tribunals (Constitutional Law II)
- Void agreements and legality of object (Contract I)
- Pledge (Contract II)
- Gift deed and promissory note (Drafting, Pleading and Conveyance)
- Polygamy, child marriage and the option of puberty (Family Law II - Mohammedan Law)