Question

Basheshar Nath v. Commissioner of Income Tax, is often quoted with reference to the:

• A. Doctrine of Eclipse
• B. Doctrine of severability
• C. Doctrine of Waiver of Fundamental Rights
• D. Doctrine of territorial nexus

Answer 1

The Correct Option is C

The Correct Option is (C):Doctrine of Waiver of Fundamental Rights

Answer 2

This question asks which constitutional law doctrine the case of Basheshar Nath v. Commissioner of Income Tax is best known for.

1. Doctrine of Eclipse: this doctrine applies to a pre-Constitution law that conflicts with a fundamental right, treating the law as dormant or eclipsed rather than dead, so that it can spring back to life if the fundamental right is later amended in a way that removes the conflict. It comes from cases like Bhikaji Narain Dhakras v. State of Madhya Pradesh, not from Basheshar Nath.
2. Doctrine of Severability: this doctrine says that if only part of a statute is inconsistent with a fundamental right, and that part can be separated from the rest without changing the character of the law, only the offending part is struck down and the rest survives. This too is a different line of cases from Basheshar Nath.
3. Doctrine of Waiver of Fundamental Rights: in Basheshar Nath, the assessee had settled a tax dispute under a provision that allowed such settlements, and later challenged that same provision as discriminatory and violative of Article 14. The state argued he could not now complain, since he had voluntarily accepted the settlement. A majority of the Supreme Court rejected this argument, holding that fundamental rights are not conferred purely for individual benefit but also reflect public policy, so a citizen cannot waive them by agreement or conduct. This is exactly the doctrine the case is remembered for.
4. Doctrine of Territorial Nexus: this doctrine allows a state legislature to make a law affecting persons or property located outside the state, provided there is a sufficient connection, or nexus, between the state and the subject of the law, as seen in cases like State of Bombay v. R.M.D. Chamarbaugwala. It has nothing to do with waiver of rights.

Basheshar Nath is specifically the case where the Supreme Court held that a citizen's fundamental rights cannot be given up by agreement or conduct, establishing the doctrine of waiver of fundamental rights in Indian constitutional law.

So the correct answer is Doctrine of Waiver of Fundamental Rights.