Doctrine of waiver
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
The doctrine of waiver means no one can give up their fundamental rights, even willingly. These rights are not just personal benefits. They are also limits the Constitution places on the State in the public interest. The Supreme Court laid this down in Basheshar Nath (1959).
Example
Suppose a worker signs an agreement saying they will never challenge unequal treatment by a government employer. The agreement does not bind them. They can still go to court under Article 14, because the right cannot be signed away.
Related concepts
- State under Article 12
- Horizontal application of fundamental rights
- Laws inconsistent with fundamental rights
- Doctrine of eclipse
- Doctrine of severability
- Reading down
- Right to property
- Article 31A
- Article 31B
- Eminent domain