Examining the Article 32 

of VIENNA CONVENTION ON DIPLOMATIC RELATIONS, 1961

Article 32 of Vienna Convention of Diplomatic Relations, 1961 states:

1. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State.

2. Waiver must always be express.

3. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary.

Examination:

1. It is clear that Article 32 specifies the rules on waiver of immunity from jurisdiction.

2. No other section deals with the clause for waiver of immunity from jurisdiction. 

3. Hence, examining this Article alone would suffice to decide if the receiving state can waive the immunity or not.

Observations:

1. Para 1 clearly states that the immunity can be waived by sending State. It is to be noted that nothing is mentioned about the receiving State.

2. Para 2 specifies that the waiver must always be express.

3. Para 3. deals with the initiation of proceedings by a diplomatic agent, which implies that it pertains to initiation of the process of waiver of immunity by a diplomatic agent. This too has nothing to do with the receiving State.

4. Para 4 is continuation of Para 3, where it deals with the necessity of a separate waiver of immunity in respect of the execution of the judgment.

Conclusion:

It is clear from the reading of the Article 32 that the Vienna Convention of Diplomatic Relations, 1961, does not give any authority to the receiving State to waive the immunity of a diplomatic agent or of a person enjoying immunity from jurisdiction under Article 37, either explicitly or implicitly.