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Constitutional LawResearch ArticleOPEN ACCESSPEER REVIEWED

DOCTRINE OF WAIVER: A MEASURE OF PROTECTIONISM OR A RESTRICTION OF CHOICE?

Volume
3
Issue
1
Pages
Published
Jan 2025
DOI
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Abstract

India is a constitutional country which has always strived to protect its people from injustice and has always strived to safeguard the rights of the citizens. In order to do the same, the constitution provides citizens with fundamental rights which are absolute and inherent. We have always depended on Doctrines and theories to substantiate and further elucidate the principles enshrined in the constitution. One such Doctrine is the Doctrine of Waiver which says that the individual must be allowed to waive his rights for he is the best judge of his wellbeing. This paper discusses how the Indian Courts have dealt with waiver with reference to fundamental rights and discusses the possible arguments put forth against the set precedents while providing contemporary examples such as euthanasia to substantiate their arguments.

Authors
NP
Nivruthi Pasupunuri
Keywords
Doctrine of Waiverfundamental rightsArticle 14equalityconstitutional lawwaiver of rights
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