There is yet another point. In article 22, clause (3), sub-clause (B), which relates to Fundamental Rights, system of detention has been retained. To my mind, in the Constitution of free India as has been pointed out by Pandit Hirday Nath Kunzru–the system of detention should not be retained. We want to inspire the people with confidence. We want them to feel that the Constitution of free India is quite different. But such steps shall not inspire them with the beliefs that now situation is altered. They shall not believe that they are free and that a Constitution of free India is being framed. To my mind none should be detained unless he has been tried in a court of law. Now, I would like to say something regarding Directive Principles. These are great principles and they are consistent with the high principles of our Congress Government. The pledges which we had been giving to the people, have been incorporated in this Constitution. But in Article 37 they have not been made enforceable in a court of law. If owing to the expediencies of State, retention of Article 37 is essential, then it is better not to include the chapter on Directive Principles in the Constitution. If it is not possible, then I would like to say with all the emphasis at my command that these Directive Principles should be inserted under the Chapter on Fundamental Rights. I would like to say one word regarding education. The provision for “free and compulsory education for all children until they complete the age of fourteen years” given in the Directive Principles should form the part of Fundamental Rights. There is yet another provision in which children of tender age for whom avocations are unsuited to their strength are protected. This is important and should be inserted under the Chapter of Fundamental Rights.
