Behram v. State of Bombay ( waiver of fundamental right)

AIR 1955 SC 123, (1955) 57 BOMLR 575, 1955 CriLJ 215, 1955 1 SCR 613


This is the first case in which question of waiver was argued.

In the case the court held that the doctrine of waiver has no application to the provision of law enshrined in Indian constitution’s part III. It is not on the citizen’s personal liberty to waive or give up his constitutional rights and get convicted. The Hon’ble court repudiated the doctrine of waiver saying that the fundamental rights (F.R) were not put in the Constitution merely for individual benefit. The rights were there in constitution. As a matter of policy and therefore, doctrine of waiver has no scope in the matter of fundamental rights.

A citizen cannot invite discrimination by telling the State “you can discriminate or get convicted by waiving the protection given to him under Article 20 and 21.

What is Doctrine of waiver?

Any citizen of India who is entitled to a right or privilege is free to waive that rights or privilege and once that person has given up his rights he would not be allowed to claim it afterwards.

In case of fundamental rights, even if he wants renounce his right and privilege under article 12 to 35, he can’t do it.

Our constitution wont allowed any citizen of waive his fundamental rights 

Case- Behram v state of Bombay 1955 SC 123BEHRAM VS STATE OF BOMBAY 1955

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