Explanation:

A. right . can . be waived subject to the condition that no public interest is involved therein. However, waiver with respect to Fundamental rights is different from other rights. It was discussed in the case of Basheshr Nath v. Income Tax' commissioner. The Court said that: "we are not for the moment convinced that this Doctrine of waiver has any relevancy in construing the fundamental rights conferred by Part III. of our Constitution. We think that the rights described as fundamental rights are a necessary consequence of the declaration in the preamble that the people of India have solemnly . resolved to constitute India into a sovereign democratic republic and to secure to all its citizens justice, social, economic and political; 'liberty, of thought, expression, belief, faith and worship; equality of status and of opportunity. These fundamental rights have not been put in the Constitution merely for the individual benefit though ultimately they come into operation in considering individual rights. They have been put there' as a matter ofpublic policy and the 'doctrine, of waiver' can have no application to provisions of law which have been enacted as a matter of Constitutional policy. Reference to some of the Articles, inter alia, Articles 15(1) 20, 21, makes the proposition quite plain. A citizen cannot get discrimination by telling the State 'You can discriminate or get convicted by waiving the protection given ' under Articles 20 and 21."