Inapplicability of doctrine of waiver to fundamental constitutional rights

Fundamental rights guaranteed under Part III of the Constitution of India, including the right to equality and non-arbitrariness under Article 14, are incapable of being waived by any citizen through contractual agreements or acquiescence. Even where an individual accepts employment under specific restrictive or temporary contractual terms, such contractual acceptance cannot operate as an estoppel or waiver against claiming fundamental constitutional protections. If an action or inaction of the State as an employer is found to be manifestly arbitrary and violative of Article 14, the mere existence of formal contractual stipulations cannot immunize the State's arbitrary conduct from constitutional scrutiny or deprive the employee of fundamental rights. (Bhola Nath v. The State of Jharkhand | 2026 INSC 99)