Mr. President, Sir, my first proposition with regard to this Fundamental Right is that the words ‘Public Funds’ should be really ‘State Funds’. Mr.Kamath’s amendment was evidently lost sight of. When the original Fundamental Right was accepted, wherever the words ‘Public Funds’ were found, they were substituted by ‘State Funds.’ The object was that the money collected from public subscription should not be considered the same as ‘State Funds’. Therefore I appeal to the Mover that this verbal change might be accepted. My second submission is with regard to the amendment moved by Mrs.Banerji. However laudable the object, the House will remember that this is a justiciable right and therefore every word of it will have to be discussed, considered and decided upon by the different High Courts and the Supreme Court in the end. Now, if Mrs.Banerji’s amendment becomes law as a justiciable right, this will be the position. There is a school in which religious education is given. The first question raised by some friend or by some enterprising man will be ‘Is it in the nature of elementary philosophy or comparative religions? So the matter will have to be taken to the Supreme Court and eleven worthy judges will have to decided whether the kind of education given is of a particular religion or in the nature of elementary philosophy of comparative religion. Then, after having decided that, the second point which the learned judges will have to direct their attention to will be whether this elementary philosophy is calculated to broaden the minds of the pupils or to narrow their minds. Then they will have to decide upon the scope of every word, this being a justiciable right which has to be adjudicated upon by them. I have no doubt members of my profession will be very lad to throw considerable light on what is and is not a justiciable right of this nature. (A Member: For a fee). Yes, for very good fee too.
