Doctrine of Waiver

Doctrine of Waiver: - This doctrine has been laid down in the case of Behram Khurshid v. State of Bombay It is shows that “a person entitled to a right or privilege is free to waive that right or privilege. It is voluntary relinquishment or abandonment of a known existing legal right or privilege. Waiver is an agreement between the parties and a party fully knowing of its rights agrees not to assert aright for a consideration. Once a person has so waived his right, he would not be allowed to claim it afterwards.” Now the prime question before us whether the doctrine of waiver is applicable to the fundamental rights as mentioned in part-3 of the Constitution of India. The aforesaid question has been raised before the Apex court namely the hon’ble Supreme Court of India in the case of Basheshar Nath v. Commissioner of Income Tax under these circumstances; the Hon’ble Supreme Court of India in Suraj Mall Mehto v. A.V. Visvanath Sastri followed by Muthiah v. Commissioner of Income Tax , the court however upheld the contention of the petitioner and held that the fundamental rights can not be waived.