Waiver of fundamental rights:

N.K.Assumi (Querist) 01 September 2008 This query is : Resolved
Can the citizen of India waive his fundamental rights guaranteed by part III of the Constitution?

Follow Query

Report Abuse

Guest (Expert) 01 September 2008
Such waiver should be in writing and should be irrevocable, even then, there are case laws which state that he can waive those rights see 35 ITR 190 (SC).

VIKAS GARG (Expert) 01 September 2008
No, Fundamental Rights cannot be waived. Apex Court in various cases clearly stated that fundamental rights cannot be waived. cases are:

Bashesher Nath v. C.I.T (AIR 1959 SC 149).

Nar singh pal v. union of india, (air 2000 sc 1401)

You can see full judgement and other case at http://law4uindia.googlepages.com

N.K.Assumi (Querist) 01 September 2008
Hello Vikas, Tanx for taking the trouble.

SANJAY DIXIT (Expert) 02 September 2008
I do agree with the opinion made by Mr Vikas.

sarita (Expert) 02 September 2008
The Fundamental rights are the privilege conferred by the Constitution and a person can not waive them

Adv.Shine Thomas (Expert) 11 September 2008
In Muthiah v.CIT AIR 1956 SC 269,The Court held that,it is not open to a citizen to waive any of the fundamental rights conferred by part 111 of the Constitution.These rights are not merely for the benefit of the individual but as a matter of public policy for the benifit of the general public.