DRAFT CONSTITUTION 433
substantial number was available or not should be dragged into a court of law, to be determined by the court ? I cannot see any other way out of the difficulty. Either you must leave the interpretation of the word “substantial” to the Executive or to the judiciary and in my judgment neither of the methods would be a safe method to enable the minority to achieve its object. Therefore my submission is that we should be satisfied with the fact that it is such a universal principle that no provincial government can justifiably abrogate it without damage to a considerable part of the population in the matter of its educational rights. Therefore, I submit that the article as amended should be accepted by the House.
[Following 3 amendments were adopted. Six amendments were negatived.]
(1) “That in clause (1) of article 23, for the words “script and culture” the words “script or culture” he substituted “.
(2) That in clause (3) of article 23, the word “community” wherever it occurs be deleted.
(3) That for clause (2) of article 23, the following be substituted :—
“No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them” ; and sub-clauses (a) and (b) of clause (3) of article 23 be renumbered as new article 23-A.”
[Article 23, as amended was adopted and added to the Constitution.]
ARTICLE 24
*Shri T. T. Krishnamachari (Madras : General) : It is the desire of many Honourable Members of this House that this article should not be taken up now, but taken up later, because we are really considering various amendments to it so as to arrive at a compromise and Dr. Ambedkar will bear me out in regard to this fact.
The Honourable Dr. B. R. Ambedkar (Bombay : General) : Yes, Sir, I request that article No. 24 be kept back.
Mr. Vice-President : Is that the wish of the House ?
Hoonourable Members : Yes.
Mr. Z. H. Lari (United Provinces : Muslim) : Then what about article 15, Sir?
*CAD, Vol. VII, 9th December 1948, p. 930.