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Which of the following statements is correct regarding the waiver of fundamental rights under the…

In Basheshar Nath v. Commissioner of Income Tax (AIR 1959 SC 149) and Olga Tellis v. Bombay Municipal Corporation ((1985) 3 SCC 545), the Supreme Court held that the…

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Which of the following statements is correct regarding the waiver of fundamental rights under the Constitution of India?

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Correct answer B

In Basheshar Nath v. Commissioner of Income Tax (AIR 1959 SC 149) and Olga Tellis v. Bombay Municipal Corporation ((1985) 3 SCC 545), the Supreme Court held that the American doctrine of waiver does not apply to Fundamental Rights enshrined in Part III of the Constitution of India. Fundamental rights are not merely personal privileges for individual benefit, but constitutional mandates enacted in public policy as a limitation on State power. Consequently, neither a citizen nor a non-citizen can waive any fundamental right conferred by Part III of the Constitution.

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