The Supreme Court observed:
- Fundamental Rights cannot be waived by a citizen as they are mandatory on the state.
- The American doctrine of waiver cannot be introduced in our constitution.
- Fundamental rights are for public policy, not merely individual benefit, so waiver cannot apply.
- Articles like 15(1), 20, 21 make it plain that a citizen cannot waive protection against discrimination or conviction.
- No distinction between fundamental rights for individual benefit and public interest can be drawn in India, unlike America.
- In India’s nascent democracy, it is the Supreme Court’s sacred duty to safeguard fundamental rights.