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Doctrine of Waiver

Constitutional & Public Law Doctrines

Definition

The voluntary surrender or abandonment of a known legal right. In Indian constitutional law (Basheshar Nath v. CIT), citizens cannot waive their Fundamental Rights because they are established as mandatory public policy for societal protection.

Example

A government contract contains a clause stating that an employee waives the right to approach a constitutional court if dismissed without an inquiry; the clause is void, and the employee retains the right to file a writ petition under Article 226.