Question

In which case did the Supreme Court of India hold that fundamental rights cannot be waived?

• A. Golaknath vs. State of Punjab
• B. Bashesher Nath vs. I.T. Commissioner
• C. Gopala vs. State of Madras
• D. Kameshwar Singh vs. State of Bihar

Hint:

Fundamental Rights are inviolable and cannot be surrendered or waived by an individual, as they are essential for the protection of public interest and democracy.

Answer 1

The Correct Option is B

Step 1: Understanding the background.
In the case of Bashesher Nath vs. I.T. Commissioner (1959), the issue was whether a person could waive their Fundamental Rights under the Constitution of India.
Step 2: Supreme Court’s ruling.
The Supreme Court held that Fundamental Rights cannot be waived, as they are provided for the protection of individual liberty and are a matter of public policy.
Step 3: Conclusion.
Therefore, even if a citizen voluntarily agrees to forego a Fundamental Right, such a waiver is invalid in the eyes of the law.