Doctrine of waiver
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The document discusses the doctrine of waiver of fundamental rights in India. It summarizes several Supreme Court cases on this issue. The majority judgments have found that while some fundamental rights benefit individuals, they are primarily meant for public policy, and therefore cannot be waived by individuals. Later judgments have asserted that fundamental rights under the Constitution cannot be negotiated or compromised.
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Doctrine of waiver
- 1. Doctrine of Waiver Vaibhav Sonule Asst.Prof, School of Law Alliance University Bangalore
- 2. • Relinquishment of an existing legal right or privilege. • Whether a person has choice to waive his Fundamental Right ?
- 3. • Behram v/s State of Maharashtra (AIR 1955 SC 123) S.C. divides F.R. in two category 1. F.R. for benefit of Individual 2. F.R. for benefit of Public Majority Judgment– F.R. are not merely for individual benefit but for Public Policy
- 4. • Minority Judgment – (Justice Aiyar ) The individual seeks Unconstitunality of any Law on any injustice.
- 5. • Basheshar Nath v/s I.T.Commissioner (AIR 1959 sc 149 ) S.C. Ruled 1. Art. 14 can not be waived by Individual as matter of public policy. 2. Constitution makes no difference between F.R. for individual or for Public. 3. None of the F.R. can be waived by person as …
- 6. ….majority of people are not conscious about their right in India and it is the duty of Judiciary to protect their rights. • Minority Judgment--- F.R. rests to individual and is primarily intended for his benefit. An individual can waive F.R. which was for his benefit but he could not waive which was for the benefit of general public.
- 7. • Nar Singh Pal v/s Union of India (AIR 2000 sc 1401) S.C. has asserted “ F.R. under Constitution can not be negotiate and can not be compromised.” • Doctrine of Non-Waiver