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On the doctrine of waiver of Fundamental Rights, the majority in 'Basheshar Nath v. C.I.T.' (AIR 1959 SC 149) expressed the view that:
Answer & Solution
Correct answer: B.
1. The doctrine of waiver of rights rests on the premise that a person is his best judge and may, with knowledge of his rights, voluntarily relinquish them.
2. In **Basheshar Nath v. C.I.T., AIR 1959 SC 149**, the majority of the Supreme Court took the view that it was **not open to citizens to waive any of the Fundamental Rights**.
3. The Court reasoned that any person aggrieved by the consequence of the exercise of any discriminatory power could be heard to complain against it, regardless of any earlier waiver.
4. So the policy of the Constitution is anti-waiver — a contrary view would let the State extract waivers as a precondition of benefits, hollowing out Part III.
_Source: ICSI CS Executive — Lesson 2, 'Waiver' section, p. 32._
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