Main Article Content
Abstract
This project explores the Doctrine of waiver of Fundamental rights taking into consideration the present scenario and its historical development in India and United States of America. The analysis in this project is on the issue whether a person should be allowed to relinquish or surrender his personal rights which are protected under various statues and the Constitution. Further this project examines various landmark judgements of Supreme Court of India and Supreme Court of U.S.A along with various statutes. After taking into consideration various reasons given by the Courts in different cases the author moves to draw similarity between the situations/case laws wherein waiver of rights has been allowed in the context of both U.S. and Indian situation. Also author has tried to investigate the issue that whether a person may be allowed to waive off his fundamental rights even though it may have repercussions extending to his right to live freely while taking into consideration Part III of the Constitution and also jurisprudential aspects in this regards. Further it is argued that whether this doctrine must be made applicable to cases concerning the public rights only or should it be available in case of private rights as well. In the present research the Author is trying to analyse the Doctrine of Waiver from a wholly new perspective rather than putting forth traditional understanding of this Doctrine and its application in India.