Doctrine of Waiver in Indian Law: Why Fundamental Rights Cannot Be Waived

The word "Waiver" means "to give up a thing." According to Doctrine of Waiver, a person who is entitled to any right or privilege can waive off such a privilege. But, this doctrine doesn't apply to fundamental rights of the people guaranteed under constitution of India. 


The Doctrine of Waiver of rights is based on the promise that a person is his best judge and that he has the liberty to waive the enjoyment of such right as are conferred on him by the state. 


Basheshar Nath vs Income Tax commissioner:
The court held that it is not open to citizen to waive any of the fundamental rights conferred by part III of the constitution. These rights have been put in the constitution not merely for the benefit of individual but as a matter of public policy for the benefit of general public. It is an obligation imposed upon the state by the constitution.

No person can relieve the state of this obligation, because a large majority of our people are economically poor, educationally backward and politically not yet conscious of their rights. In such circumstances, it is the duty of this court to protect their rights against themselves.

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