Art 13

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