By excluding these two classes of legislations from law courts, is it not admitted by the authors of this amendment that the provisions’ of these legislations are so unjust and improper that they cannot stand the scrutiny of the Law courts? In fact, clauses (4) and (6) of the amendment contravene the letter and spirit of the general principles enunciated in the article and negative the recommendations of the Fundamental Rights Committee already adopted by the House and incorporated in the Draft Constitution. They permit even confiscatory legislation approved by the executive authority to go unchallenged and deny to a section of the people the protection which the Constitution affords to others. Does it behove such an august Assembly as this to discard principles and disfigure the, edifice which is sought to be built on the four pillars of Justice, Liberty, Equality and Fraternity, by introducing iniquitous discrimination? We know that the Constitution guarantees certain Fundamental Rights to all citizens and creates a forum for the protection of those rights. Now does it not betray lack of confidence even in the highest judicial tribunal of this land which will be set up to uphold the- rule of law? I feel constrained to submit that I never expected that the eminent persons who are associated with the amendment would adopt this attitude.
