THE IX SCHEDULE CREATION AND ITS EFFICIANCY
The Modern Rationalist|June 2021
In case, any property of the citizen is to be acquired compulsorily by the State, there was also a fundamental right, under Article 31,for the citizens to get compensation. Immediately after the commencement of the constitution,many States brought agrarian reforms by legislations. When those enactments were challenged, in spite of the saving clauses found in article 31, those laws were held void as they violated the fundamental right to property of the owners/ zamindars. One such case was Kameshwar singh Vs State of Bihar [ AIR 1951 Patna 91]. The Union Government, then invented a novel devise, not only to save all such laws which were already declared unconstitutional but also to save any such law that may be passed, in future, by legislatures.
Dr. Justice A. K. Rajan
THE IX SCHEDULE CREATION AND ITS EFFICIANCY

The 1st Amendment; insertion of Articles 31A and 31B

2. That novel devise was to amend the Constitution and to include two new Articles 31A and 31B. In the statement of objects and reasons for the amending the constitution, it was stated,inter-alia, as follows:“The validity of agrarian reform measures passed by the State legislatures in thepast three years has, inspite of …………………. Article 31, formed the subject matter of dilatory litigation, as a result of which the implementation of these important measures, affecting large number of people has been held up. The main object of the Bill are ……………….. to insert provisions fully securing the constitutional validity of zamindari abolition laws in general and certain specified Acts in particular”.

The purpose of including Article 31A was for “Saving of laws providing for acquisition of estates, etc.”. According to this,“ no law providing for the acquisition by the State of any estate or any right therein or for the extinguishment or modification of any such right shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by any provision of this part”.

After the 1st Amendment, this provision underwent a few more amendments.Under Article 31A, only agrarian reform laws were protected. Land acquired for, Housing purposes, flood control prevention, taking over private forests etc., were held ‘not agrarian reforms’ and hence not protected by Article 31A.

The IX Schedule

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FLERE HISTORIER FRA THE MODERN RATIONALISTSe alt
Who Is Afraid Of Scientific Temper?
The Modern Rationalist

Who Is Afraid Of Scientific Temper?

The stories are very powerful. Over a period of time they gain a lot of traction. The places mentioned in the stories appear to be real and people attach a lot of meaning to them out of reverence. The symbols and signs used in the stories become core elements of propaganda. Soon it becomes a machinery that establishes a structure and with a body of evidence that is highly questionable. Not many try to challenge this because of its threatening stature. Who would dare to ask if the birthplace of Jesus or Ram exactly as it is claimed? Leave alone the historical, and archeological evidence that could support it.

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3 mins  |
June 2021
The Woman and the Counter-Revolution
The Modern Rationalist

The Woman and the Counter-Revolution

There is one copy with a title ‘The Woman and the Counter - Revolution’. There is another copy of the same text with a title, ‘The Riddle of the Woman’. The Editorial Board felt that this essay would be appropriate in this Volume rather than in the volume of ‘Riddles in Hinduism’ - Editors of ‘Dr. Babasaheb Ambedkar Writings and Speeches’

time-read
3 mins  |
June 2021
THE IX SCHEDULE CREATION AND ITS EFFICIANCY
The Modern Rationalist

THE IX SCHEDULE CREATION AND ITS EFFICIANCY

In case, any property of the citizen is to be acquired compulsorily by the State, there was also a fundamental right, under Article 31,for the citizens to get compensation. Immediately after the commencement of the constitution,many States brought agrarian reforms by legislations. When those enactments were challenged, in spite of the saving clauses found in article 31, those laws were held void as they violated the fundamental right to property of the owners/ zamindars. One such case was Kameshwar singh Vs State of Bihar [ AIR 1951 Patna 91]. The Union Government, then invented a novel devise, not only to save all such laws which were already declared unconstitutional but also to save any such law that may be passed, in future, by legislatures.

time-read
9 mins  |
June 2021
Social Justice and Humanism
The Modern Rationalist

Social Justice and Humanism

Once prejudice against nontheists fades away, religious favoritism is removed from government, humanists are appreciated for our kind and reason-based thinking, then humanists everywhere can begin to focus full-time on promoting our science-based, compassionate, and egalitarian vision for our world. But we can’t wait until such a day dawns; we must assert ourselves today to make a difference in as many ways as possible, even if we have not yet realized many of our longstanding goals. To delay action on other fronts, when action could improve lives, would be to negatively impact the fates of many. This isn’t an acceptable course.

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6 mins  |
June 2021
Preface to the Communist Manifesto
The Modern Rationalist

Preface to the Communist Manifesto

‘Communist Manifesto’, released by Karl Marx and Friedrich Engels was for the first time translated and published in Tamil by Thanthai Periyar in ‘Kudi Arasu’ serially from 4th October 1931 to 2nd November 1931. Afterwards Periyar commenced his International tour on 13th December 1931 and returned on 8th November 1932. He visited various European, Asian and African countries. Of them his stay in Soviet Russia was from 14th February 1932 to 19th May 1932. While he was in Soviet Russia, he attended the May Day celebration as State Guest and witnessed Moscow March on 1st May 1932. While publishing the Tamil version of the Communist Manifesto Periyar wrote a Preface to it in Kudi Arasu. The English version of the preface is as follows:

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3 mins  |
June 2021
Interpretation which impede a just social order
The Modern Rationalist

Interpretation which impede a just social order

On May 5, the Supreme Court of India declared as unconstitutional a Maharashtra law which provided for reservation to the Maratha community in education and public employment in the State. Four judges of the five-judge Bench wrote separate opinions, from which three primary findings emanated.

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6 mins  |
June 2021
Firm in unbelief
The Modern Rationalist

Firm in unbelief

Bhagat Singh’s well-argued essays are evidence of his maturity

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4 mins  |
June 2021
EXEMPLARY DRAVIDAM MODEL
The Modern Rationalist

EXEMPLARY DRAVIDAM MODEL

In common parlance the term ‘Dravidam’ is associated with racial cum ethnical identity. The meaning of ‘Dravidam’ does not end with this historical fact. The meaning gets manifested more than that and is applicable to the whole of humankind. ‘Dravidam’ is not a dominating or suppressing identity. It is the glorification of humankind with humanistic adherence for peace and prosperity.

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8 mins  |
June 2021
Corona Control -  Surge of Superstition
The Modern Rationalist

Corona Control - Surge of Superstition

All efforts are put in to combat the spread of second wave of corona pandemic. On one side all the constructive initiatives including the medical and other scientifically proven endeavours are being undertaken from the government side both the Centre and the States. On the other side, the mindset of the common people is not tuned to arrest the spread effectively. The public has to adhere to minimum efforts of wearing face masks, keeping safe distance with others and restricting the mobility and accessing public places unless it warrants. If not, the government has to announce a strict lockdown by which the economic activities would be affected that would lead to consequential effects on the livelihood.

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2 mins  |
June 2021
Caste System
The Modern Rationalist

Caste System

My dear protectors of castes and caste enthusiasts - through my editorial in the ‘Kudi Arasu’ issue of 16.10.1930, I had made it clear that the castes classified long ago into four grades later multiplied into 4000 castes because of one caste mingling again and again with another caste. Quoting from the caste-related evidence of Brahmins, we had also specified that all such multiplied castes are called the ‘panchamas’. And yet some of our people who call themselves ‘velalars’ (agriculturists) assume identity as ‘Sarsudhras’, though they agree with the four grade classification as Brahmins, kshatriyas, vysyas and sudras.

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5 mins  |
June 2021