Waiver of Fundamental Rights

It is not open to a citizen to waive any of the Fundamental Rights conferred by Part III of the Constitution. These rights have been put in the Constitution not merely for the benefit of the individual but as a matter of public policy for the benefit of the general public. It is an obligation imposed upon the state by the Constitution. The question of waiver of a Fundamental Right has been discussed by the Supreme Court in Basheshar

Nath v. I.T. Commissioner. It was laid down that the Fundamental Rights are mandatory on the state and no citizen can by his act or conduct relieve the state of the solemn obligation imposed on it.