Chapter 2

Constitutional Design Notes

Constitutional Design
Democratic Constitution in South Africa
Apartheid
Apartheid is a system of racial discrimination unique to South Africa imposed by the white
Europeans. During the seventeenth and eighteenth centuries, the trading companies from
Europe occupied it with arms and force and became the local rulers. The system of apartheid
divided the people and labelled them on the basis of their skin colour. The white rulers
treated all non whites as inferiors. The non-whites did not have voting rights and were
forbidden from living in white areas. The blacks, coloured and Indians fought against the
apartheid system, from 1950. The African National Congress (ANC) was the umbrella
organisation that led the struggle against the policies of segregation. Nelson Mandela was one
of the leaders amongst the eight who were tried for treason by the white South African
government. They were sentenced to life imprisonment in 1964 for daring to oppose the
apartheid regime in the country.
Giving Rise to a New Constitution
As the protests and struggles against apartheid increased, the blacks could no longer be kept
under the rule of the government through repression. The white regime changed its policies.
Discriminatory laws were repealed. Ban on political parties and restrictions on the media
were lifted. Nelson Mandela was released after 28 years in the Robben Island Prison. The
apartheid government came to an end on the midnight of 26 April 1994, paving way for the
formation of a multi-racial government.
Following the emergence of the new democratic South Africa, the party that ruled through
oppression and brutal killings and the party that led the freedom struggle sat together to draw
up a common constitution. This constitution gave to its citizens the most extensive rights
available in any country. Together, they decided that in the search for a solution to the
problems, nobody should be excluded.
Why the Need for a Constitution?
Take the example of South Africa to see why we need the constitution and what constitutions
do. The oppressor and oppressed were planning to live together as equals in the new
democracy. Each section wanted to safeguard their interests and wanted substantial social and
economic rights. Through negotiations, both parties came to a compromise. The whites
agreed to the principle of majority rule and that of one person one vote. They also agreed to
accept some basic rights for the poor and the workers. The blacks agreed that majority rule
would not be absolute and that the majority would not take away the property of the white
minority. How was this compromise to be implemented? The only way to build and maintain
trust in such a situation was to write down some rules of the game that everyone would abide
by. These supreme rules that no government would be able to ignore are called a constitution.
Every country has diverse groups of people. All over the world people have differences of
opinion and interests. The constitution is the supreme law that determines the relationship
among people living in a territory (called citizens) and also the relationship between the
people and government. Find what constitutions do below:
  First, it generates a degree of trust and coordination that is necessary for different kind
of people to live together
 Second, it specifies how the government will be constituted, who will have the power
to take which decisions
 Third, it lays down limits on the powers of the government and tells us what the rights
of the citizens are
 Fourth, it expresses the aspirations of the people about creating a good society
All countries that have constitutions are not necessarily democratic. But all countries that are
democratic will have constitutions.
Making of the Indian Constitution
India’s Constitution was drawn up under very difficult circumstances. The country was born
through a partition on the basis of religious differences and was a traumatic experience for
the people of India and Pakistan. The British had left it to the rulers of the princely states to
decide whether they wanted to merge with India or with Pakistan or remain independent. The
merger of these princely states was a difficult and uncertain task. When the constitution was
being written, the future of the country did not look as secure as it does today.
The Path to the Constitution
One of the major advantages for the makers of the Indian Constitution was that consensus
about what a democratic India should look like had already evolved during the freedom
struggle. In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for
India and In 1931, the resolution at the Karachi session of the Indian National Congress dwelt
on how independent India’s constitution should look like. Both these documents included
features such as Universal Adult Franchise, Right to Freedom and Equality and to protecting
the rights of minorities in the constitution of independent India. These basic values were
accepted by all leaders much before the Constituent Assembly met to deliberate on the
Constitution. That is why the Indian constitution adopted many institutional details and
procedures from colonial laws like the Government of India Act, 1935. Many of our leaders
were inspired by the ideals of the French Revolution, the practice of parliamentary
democracy in Britain and the Bill of Rights in the US.

The Constituent Assembly

The drafting of the constitution was done by an assembly of elected representatives called the
Constituent Assembly. Elections to the Constituent Assembly were held in July 1946 and its
first meeting was held in December 1946. Soon after, the country was divided into India and
Pakistan and the Constituent Assembly was also divided into the Constituent Assembly of
India and that of Pakistan. The Constituent Assembly that wrote the Indian constitution had
299 members. The Assembly adopted the Constitution on 26 November 1949 but it came into
effect on 26 January 1950. To mark this day we celebrate January 26 as Republic Day every
year.
Why should we accept the Constitution made by this Assembly more than six decades ago?

 The Constitution does not reflect the views of its members alone. It expresses a broad
consensus of its time.
  The second reason for accepting the Constitution is that the Constituent Assembly
represented the people of India.
 Finally, the manner in which the Constituent Assembly worked gives sanctity to the
Constitution. The Constituent Assembly worked in a systematic, open and consensual
manner.

First, some basic principles were decided and agreed upon. Then a Drafting Committee
chaired by Dr B.R. Ambedkar prepared a draft constitution for discussion. Several rounds of
thorough discussion took place on the Draft Constitution, clause by clause. More than two
thousand amendments were considered. Every document was presented and every word
spoken in the Constituent Assembly has been recorded and preserved. These are called
‘Constituent Assembly Debates.’
Guiding Values of the Indian Constitution
First, understand the overall philosophy of what our Constitution is all about. Read the views
of some of our major leaders on our Constitution and read what the Constitution says about
its own philosophy. This is what the preamble to the Constitution does.
The Dream and the Promise
There were many members who followed the vision of Mahatma Gandhi. This dream of an
India that has eliminated inequality was shared by Dr Ambedkar, who played a key role in
the making of the Constitution, but his vision of removing inequalities from India was
different from Gandhiji.
Philosophy of the Constitution
Values that inspired and guided the freedom struggle and were in turn nurtured by it, formed
the foundation for India’s democracy. Given below are the values embedded in the Preamble
of the Indian Constitution.

We, the People of India: The Constitution has been drawn up and enacted by the people
through their representatives, and not handed down to them by a king or any outside powers.
Sovereign: People have the supreme right to make decisions on internal as well as external
matters. No external power can dictate the Government of India.
Socialist: Wealth is generated socially and should be shared equally by society. The
government should regulate the ownership of land and industry to reduce socio-economic
inequalities.
Secular: Citizens have complete freedom to follow any religion. But there is no official
religion. The government treats all religious beliefs and practices with equal respect.
Democratic: A form of government where people enjoy equal political rights, elect their
rulers and hold them accountable. The government is run according to some basic rules.
Republic: The head of the state is an elected person and not a hereditary position.
Justice: Citizens cannot be discriminated against on the grounds of caste, religion and
gender. Social inequalities have to be reduced. The government should work for the welfare
of all, especially of the disadvantaged groups.
Liberty: There are no unreasonable restrictions on the citizens in what they think, how they
wish to express their thoughts and the way they wish to follow up their thoughts in action.
Equality: All are equal before the law. The traditional social inequalities have to be ended.
The government should ensure equal opportunity for all.
Institutional Design
A Constitution is not merely a statement of values and philosophy. It is mainly about
embodying these values into institutional arrangements. It is a very long and detailed
document. Therefore, it needs to be amended quite regularly to keep it updated. Provisions
are made to incorporate changes, known as constitutional amendments from time to time.
Like any Constitution, the Indian Constitution also lays down a procedure for choosing
persons to govern the country. It defines who will have how much power to make which
decisions. And it puts limits to what the government can do by providing some rights to the
citizen that cannot be violated.
Very Important Questions:
Question [Link] was the making of the Indian Constitution not an easy affair?
Answer:
Like South Africa, India’s Constitution was also drawn up under very difficult circumstances.

 The making of the constitution for a huge and diverse country like India was
not an easy affair. At that time the people of India were emerging from the
status of subjects to that of citizens. The country was born through a partition
on the basis of religious differences.
 This was a traumatic experience for the people of India and Pakistan. Atleast
ten lakh people were killed on both sides of the border in partition related
violence.
 The British had left it to the rulers of the princely states to decide whether they
wanted to merge with India or with Pakistan or remain independent.
 The merger of these princely states was a difficult and uncertain task. When the
Constitution was being written, the future of the country did not look as secure
as it does today.
 The makers of the Constitution had anxieties about the present and the future of
the country.

Question [Link] should we accept the Constitution made by the Assembly more than
fifty years ago?
Answer:
The Constitution does not reflect the views of its members alone. It expresses a broad
consensus of its time. Many countries of the world have had to rewrite their
Constitution afresh because the basic rules were not accepted to all major social
groups or political parties.

 Over the last half a century, several groups have questioned some provisions of the
Constitution. But no large social group or political party has ever questioned the
legitimacy of the Constitution itself. This is an unusual achievement for any
constitution. The second reason for accepting the Constitution is that the Constituent
Assembly represented the people of India. There was no universal adult franchise at
that time. So, the Constituent Assembly could not have been chosen directly by all the
people of India.
 The way in which the Constituent Assembly worked gives sanctity to the
Constitution. The Constituent Assembly worked in a systematic, open and consensual
manner. First some basic principles were decided and agreed upon. Then a Drafting
Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for
discussion. Several rounds of thorough discussion took place on the Draft
Constitution, clause by clause. More than two thousand amendments were considered.
 Every document presented, and every word spoken in the Constituent Assembly has
been recorded and preserved. These are called ‘Constituent Assembly Debates’. These
debates provide the rationale behind every provision of the Constitution. These are
used to interpret the meaning of the Constitution.

Question [Link] the different key words used in the Preamble of the Indian
Constitution.
 Answer:
Several key words have been used in the Preamble of the Indian Constitution :

(i) WE, THE PEOPLE OF INDIA: The constitution has been drawn up and enacted
by the people through their representatives, and not handed down to them by a king or
any outside powers.

(ii) SOVEREIGN: People have supreme right to make decisions on internal as well as
external matters. No external power can dictate the government of India.

(iii) SOCIALIST: Wealth is generated socially and should be shared equally by

society. Government should regulate the ownership of land and industry to reduce
socio-economic inequalities.

(iv) SECULAR: Citizens have complete freedom to follow any religion. But there is
no official religion. Government treats all religious beliefs and practices with equal
respect.

(v) DEMOCRATIC: A form of government where people enjoy equal political rights,
elect their rulers and hold them accountable. The government is run according to
some basic rules.

(vi) REPUBLIC: The head of the stats is an elected person and not a hereditary .
position.

(vii) JUSTICE: Citizens cannot be discriminated on the grounds of caste, religion and
gender. Social inequalities must be reduced. Government should work for the welfare
of all, especially of the disadvantaged groups.

(viii) LIBERTY: There are no unreasonable restrictions on the citizens in what they
think, how they wish to express their thoughts and the way they wish to follow up
their thoughts in action.

(ix) EQUALITY: All are equal before the law. The traditional social inequalities must
be ended. The

government should ensure equal opportunity for all.

(x) FRATERNITY: All of us should behave as if we are members of the same family. No one
should treat a fellow citizen as inferior.

Question 4.“The South African Constitution inspires democrats all over the world”
Comment.
Answer:
The South African constitution inspires democrats all over the world in the following ways.
  A state denounced by the entire world till recently as the most undemocratic one is
now seen as a model of democracy.
 What made this change possible was the determination of the South African people to
work together, to transform bitter experience into the binding glue of a rainbow
nation.
 The people of South Africa have of agreed that everybody should become a part of
the solution,
 whatever they might have done or represented in the past.
 It is also a charter for the transformation of our country into one which is truly shared
by all its people. It is a country in which the fullest sense belongs to all blacks and
whites, women and men.”
 The Preamble to the South African Constitution sums up the spirit.

Ch-2
Constitutional Design

Back Exercises

1. Here are some false statements. Identify the mistake in each case and rewrite these
correctly based on what you have read in this chapter.
(a) Leaders of the freedom movement had an open mind about whether the country should be
democratic or not after independence.

(b) Members of the Constituent Assembly of India held the same views on all provisions of
the Constitution.
(c) A country that has a constitution must be a democracy.
(d) Constitution cannot be amended because it is the supreme law of a country.
Answer:
(a) Leaders of the freedom movement had an open mind about the country being democratic
after independence.

(b) Members of the Constituent Assembly worked in a systematic, open, and consensual
manner to resolve differences among them.

(c) It is not necessary that a country having a constitution must be a democracy. The
constitution of a country can even make provisions for dictatorship or monarchy. Examples:
the Soviet Union and Pakistan.

(d) A Constitution can be amended to keep up with the changes in aspirations of the society.
It can also be changed keeping in mind the social, political, and economic conditions of the
country.

2. Which of these was the most salient underlying conflict in the making of a democratic
constitution in South Africa?
(a) Between South Africa and its neighbours
(b) Between men and women
(c) Between the white majority and the black minority
(d) Between the coloured minority and the black majority

Answer:
(c) Between the white majority and the black minority
3. Which of these is a provision that a democratic constitution does not have?
(a) Powers of the head of the state
(b) Name of the head of the state
(c) Powers of the legislature
(d) Name of the country
Answer:
(b) Name of the head of the state

4. Match the following leaders with their roles in the making of the Constitution:
 (a) Motilal Nehru (i) President of the Constituent Assembly

(b) Β.R. Ambedkar (ii) Member of the Constituent Assembly

(c) Rajendra Prasad (iii) Chairman of the Drafting Committee

(d) Sarojini Naidu (iv) Prepared a Constitution for India in 1928

(a) Motilal Nehru (iv) Prepared a Constitution for India in 1928

(b) B.R. Ambedkar (iii) Chairman of the Drafting Committee

(c) Rajendra Prasad (i) President of the Constituent Assembly

(d) Sarojini Naidu (ii) Member of the Constituent Assembly

5. Read again the extracts from Nehru’s speech ‘Tryst with Destiny’ and answer the
following:
(a) Why did Nehru use the expression “not wholly or in full measure” in the first sentence?
(b) What pledge did he want the makers of the Indian Constitution to take?
(c) “The ambition of the greatest man of our generation has been to wipe every tear from
every eye”. Who was he referring to?
Answer:
(a) The expression ‘not wholly or in full measure’ in the first sentence was used by Nehru
because he thought that the task they had undertaken was incomplete and it wasn’t possible to
fulfill the pledges all at once but would be gradually fulfilled.

(b) The pledge that he wanted the makers of the Indian Constitution to take was to dedicate
their lives to the service of India, Indians, and humanity at large.

(c) He was referring to Mahatma Gandhi.

6. Here are some of the guiding values of the Constitution and their meaning. Rewrite
them by matching them correctly.

(a) Sovereign (i) Government will not favour any religion.

(b) Republic (ii) People have the supreme right to make decisions.

(c) Fraternity (iii) Head of the state is an elected person.

(d) Secular (iv) People should live like brothers and sisters

Answer:

(a) Sovereign (ii) People have the supreme right to make decisions.

(b) Republic (iii) Head of the state is an elected person.

(c) Fraternity (iv) People should live like brothers and sisters.

(d) Secular (i) Government will not favour any religion.

Page No: 54

7. A friend from Nepal has written you a letter describing the political exercises
situation there. Many political parties are opposing the rule of the king. Some of them
say that the existing constitution given by the monarch can be amended to allow more
powers to elected representatives. Others are demanding a new Constituent Assembly to
write a republican constitution. Reply to your friend giving your opinions on the
subject.
Answer:

Dear Yam,

I read your letter. These are exciting times indeed for you! My country has been independent
for almost sixty years, and we have already gone through the whole process of the
establishment of democracy. Fortunately, it has survived on this soil as well. I just hope the
same happens in Nepal.

I find myself hoping that the demand for a new Constituent Assembly would take root in
Nepal. A republican constitution has its benefits you know! In countries like yours and mine,
there is already too much wastage in terms of government expenditure. Unfortunately, such is
the reality of our national culture. In addition, if Nepal has a Constitutional Monarchy, a lot
of money would have to be spent on maintaining the high standards of living for the royalty.
UK has a Constitutional monarchy, but it can also afford it–centuries and centuries of
colonial exploitation of other countries has its benefits! However, in my opinion, for
countries like India and Nepal, a Republican government is best suited.

By all means, the Constitution offered by your king can hardly be called democratic! It hardly
gives any powers to your Parliament or the civilian government or so I’ve heard.
Nevertheless, whatever I might think as a foreigner, the people of Nepal will be the best
judge of your country’s political future. Let’s see what happens.

P.S. – I have heard the Maoists are making some inroads in the rural heartland of Nepal? I
don’t personally support violence of any kind and am a believer in democracy. However, the
Maoists intrigue me to no limit. What is their attitude towards India? What do they think
about the Chinese? Do let me know what you think.

Your Friend,

XVZ

8. Here are different opinions about what made India a democracy. How much
importance would you give to each of these factors?
(a) Democracy in India is a gift of the British rulers. We received training to work with
representative legislative institutions under British rule.
(b) Freedom Struggle challenged the colonial exploitation and denial of different freedoms to
Indians. Free India could not be anything but democratic.
(c) We were lucky to have leaders who had democratic convictions. The denial of democracy
in several other newly independent countries shows the important role of these leaders.
Answer:
(a) Though I would acknowledge many good things were learned from the British rulers and
democracy being one of them,I wouldn’t say that democracy was a gift given by them.
Indians had to struggle a lot and make many sacrifices to attain freedom from British rule.
These circumstances helped people to gain experience and training in the working of the
legislative institutions.

(b) Yes, Free India could not be anything but democratic because the people had already
suffered a lot under British rule. This made them realise that for people to have a say in ruling
the country, it was necessary to make India a democratic country.
(c) It is indeed true that we were lucky to have leaders who had deep democratic values. It is
because of these ideals that India’s freedom struggle can be considered as the only example
of a bloodless freedom struggle in contemporary history. Therefore, absence of such ideals
has made many countries undemocratic.

9. Read the following extract from a conduct book for ‘married women’, published in
1912. ‘God has made the female species delicate and fragile both physically and
emotionally, pitiably incapable of self-defence. They are destined thus by God to remain
in male protection – of the father, husband, and son – all their lives. Women should,
therefore, not despair, but feel obliged that they can dedicate themselves to the service
of men’. Do you think the values expressed in this para reflected the values underlying
our constitution? Or does this go against the constitutional values?
Answer:

The given paragraph does not reflect the underlying value in our Constitution. It refers to the
patriarchal views and endorses the thought of inequality in genders.

It goes against the constitutional values because in the paragraph women are shown as
inferior, unequal as weak and fragile who should serve men. However, the Constitution has
provided equal rights to women. They enjoy the right to vote, can take up any job, and are
paid equal wages for the same work.

10. Read the following statements about a constitution. Give reasons why each of these
is true or not true.
(a) The authority of the rules of the constitution is the same as that of any other law.
(b) Constitution lays down how different organs of the government will be formed.
(c) Rights of citizens and limits on the power of the government are laid down in the
constitution.
(d) A constitution is about institutions, not about values.
Answer:
(a) Not true. An ordinary law is passed by the Parliament and can be changed by it on its own
will. On the other hand, the rules of the Constitution have greater authority and the
Parliament has to abide by them. For amending these rules, a special procedure has to be
adopted.

(b) True. The Constitution has laid down the framework for government formation. It has put
in place the structure, power, and functions of the three organs of the government, i.e.
executive, legislative, and the judiciary.

(c) True. The rights of the citizens are laid down in the Constitution as fundamental rights,
which are enforceable by law. The powers and functions of the government are divided into
the executive, legislative, and judiciary. It is done to keep each organ under check by the
other organs to ensure the power functioning of the government.

(d) Not True. The Constitution is the supreme law of the country. It lays down the
composition powers and functions of the various institutions of government. The Constitution
is guided by values which are found in the form of Preamble. Principles and values such as
equality, liberty, fraternity, brotherhood, secularism, and justice are included in the Preamble
of the Constitution.

Ch 2

Constitutional Design

Worksheet 1
 A. Answer the following questions:

1. The official policy of racial separation of ill treatment of blacks followed by the
government of South Africa was called _______ .

2. An assembly of people’s representatives that writes a constitution for a country is

_______ .

3. What do you know about ‘The Long Walk to Freedom’?

4. An introductory statement in a constitution which states the reasons and guiding

values of the constitution is _______ .

5. When did South Africa become a democratic country?

6. Leaders of the freedom movement were clear that their country should be _______ .

7. One of the guiding values of the constitution is sovereignty which means _______ .

8. Republic’ in consent to our constitution means _______ .

9. All of us should behave as if we are members of the same family. No one should treat
a fellow citizen as inferior. This defines a word given in Preamble of our Constitution
which is _______ .

10. The famous speech given by Pt. Nehru on the eve of Independence Day is known as
_______ .
Worksheet 1
Lets Check our Understanding

1. Apartheid
2. Constituent assembly
3. It is an autobiography of Nelson Mandela.
4. Preamble
5. 26 April, 1994

6. Democratic
7. People have the supreme right to make decisions
8. Head of the state is an elected person
9. Fraternity
10. Tryst with Destiny
Worksheet 2
Constitutional Design
Answer the following questions:

1. What do you mean by the term ‘sovereign’?

 2. What do you mean by the term ‘secular’?

3. Why is the Preamble called the soul of the Indian Constitution?

4. What is the significance of the phrase ‘We the people of India’ in the Preamble?

5. What is meant by apartheid? How was it oppressive for the blacks?

6. Many ‘whites’ had settled in South Africa and became the local rulers. The system of
public toilets, were all separate for the whites and blacks. This, was called
segregation. They could not even visit the churches where the whites worshipped.
Blacks could not form associations or protest the terrible treatment.
7. What do you mean by ‘Constitution’?

8. What were the steps involved in the framing of the Indian Constitution?

9. What are the four main ideals enshrined in the Preamble of the Indian Constitution?

10. How did the Constituent Assembly work to prepare the Constitution for India?

Let’s Check our Understanding

1. What do you mean by the term ‘sovereign’?
Answer:
It means people have supreme right to make decisions on internal as well as external
matters. No external power can dictate the government of India.
2. What do you mean by the term ‘secular’?
Answer:
It means citizens have complete freedom to follow any religion, but there is no
official religion. Government treats all religious beliefs and practices with equal
respect.
3. Why is the Preamble called the soul of the Indian Constitution?
Answer:
Because it contains the philosophy on which the entire constitution has been built. It
provides a standard to examine and evaluate any law and action of government, to
find out whether it is good or bad. It is the soul of the Indian Constitution.
4. What is the significance of the phrase ‘We the people of India’ in the Preamble?
Answer:
The preamble is an introductory part of the Constitution. It is called the key of the
Constitution. “We the people of India” means the Constitution has been drawn up and
enacted by the people through their representatives, and not handed down to them by
a king or any outside powers.
 5. What is meant by apartheid? How was it oppressive for the blacks?
Answer:
Apartheid was the name of a system of racial discrimination unique to South Africa.
The white Europeans imposed this system on South Africa. The system of apartheid
divided the people and labelled them according to their skin colour.
6. Many ‘whites’ had settled in South Africa and became the local rulers. The system of
public toilets, were all separate for the whites and blacks. This, was called
segregation. They could not even visit the churches where the whites worshipped.
Blacks could not form associations or protest the terrible treatment.
7. What do you mean by ‘Constitution’?
Answer:
The constitution of a country is a set of written rules that are accepted by all people
living together in a country. Constitution is the supreme law that determines the
relationship among people living in a territory (called citizens) and also the
relationship between the people and government.
8. What were the steps involved in the framing of the Indian Constitution?
Answer:
The drafting of the document called the constitution was done by an assembly of
elected representatives called the Constituent Assembly. Elections to the Constituent
Assembly were held in July 1946. Its first meeting was held in December 1946. Soon
after, the country was divided into India and Pakistan. The Constituent Assembly was
also divided into the Constituent Assembly of India and that of Pakistan. The
Constituent Assembly that wrote the Indian Constitution had 299 members. The
Assembly adopted the Constitution on 26 November, 1949 and it came into force on
26 January, 1950.
[Link] are the four main ideals enshrined in the Preamble of the Indian Constitution?
Answer:
The ideals written in the Preamble of the Constitution are as under :

Justice: Every citizen of India will have social, economic and political justice.

Liberty: Every citizen will have the liberty of thought, expression, belief, faith and
worship.

Equality: Every citizen will be provided with the equality of status and opportunity.

fraternity: All the citizens of India have been assured about the dignity of individual
and the unity and integrity of the nation.

10. How did the Constituent Assembly work to prepare the Constitution for India?
Answer:
The Constituent Assembly worked in a systematic, open and consensual manner.
First, some basic principles were decided and agreed upon. Then, a Drafting
Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for
discussion. Several rounds of thorough discussion took place, clause by clause. More
than 2000 amendments were considered. The members deliberated for 114 days
spread over 3 years. Every document presented and every word spoken in the
 Constituent Assembly was recorded and preserved. These are called ‘Constituent
Assembly Debates’.

Worksheet 3
Constitutional Design
Answer the following questions in Details
1. What are constitutional amendments?

2. On what terms did the blacks agreed upon while making a Constitution for South
Africa?
 3. What was the reaction of the government towards the protest movement against the
apartheid in South Africa?

4. Why did the South African people need a Constitution?

5. What was the philosophy behind the Constitution?

6. What compromises did the blacks and white make?

7. What was the composition of the Constituent Assembly?

8. What did Ambedkar mean by ‘contradictions’ in his concluding speech to the

Constituent Assembly? 4]Q8I

9. What are the various functions of a Constitution?

10. How does the Indian Constitution describes the institutional arrangements?

Let’s Check our understanding:

Answer the following questions in Details
1. What are constitutional amendments?
Answer:
A constitution is not merely a statement of values and philosophy. A constitution
is mainly about embodying these values into institutional arrangements. Indian
Constitution is a very long and detailed document. Therefore, it needs to be
amended quite regularly to keep it updated. Those who crafted the Indian
Constitution felt that it must be in accordance with people’s aspirations and
changes in society. They did not see it as a sacred, static and unalterable law. So,
they made provisions to incorporate changes from time to time. These changes are
called constitutional amendments.
2. On what terms did the blacks agreed upon while making a Constitution for South
Africa?
Answer:
After two years of discussion and debate, they came out with one of the finest
constitutions the world has ever had. This constitution gave to its citizens the most
extensive rights available in any country. Together, they decided that in the search
for a solution to the problems, nobody should be excluded, no one should be
treated as a demon. They agreed that everybody should become part of the
solution, whatever they might have done or represented in the past.
3. What was the reaction of the government towards the protest movement against
the apartheid in South Africa?
Answer:
In South Africa, the white racist government continued to rule by detaining,
torturing and killing thousands of black and coloured people. As protests and
struggles against apartheid had increased, the government realised that they could
no longer keep the blacks under their rule through repression. The white regime
changed its policies. Discriminatory laws were repealed. Ban on political parties
and restrictions on the media were lifted. After 28 years of imprisonment, Nelson
Mandela walked out of the jail as a free man.

4. Why did the South African people need a Constitution?

Answer:
The people of South Africa, need a constitution because :

The oppressor and the oppressed in this new democracy were planning to live
together as equals. It was not going to be easy for them to trust each other. They had
their fears.

They wanted to safeguard their interests. The black majority was keen to ensure that
the democratic principle of majority rule was not compromised.

5. What was the philosophy behind the Constitution?

Answer:

 The values that inspired and guided the freedom struggle and were, in turn,
nurtured by it, formed the foundation for India’s democracy. These values are
embedded in the Preamble of the Indian Constitution.
 They guide all the articles of the Indian Constitution. The Constitution begins
with a short statement of its basic values. This is called the Preamble to the
constitution.
 Taking inspiration from American model, most countries in the contemporary
world have chosen to begin their constitutions with a preamble.

They wanted substantial social and economic rights.

6. What compromises did the blacks and white make?

Answer:
It was not an easy task for the two divergent people of South Africa—the White
oppressors and the Black Oppressed one—to draw up a common Constitution for
the country when it became free in 1994. After long negotiations both parties
agreed to a compromises.

The whites agreed to the principle of majority rule that of one person one vote.

They also agreed to some basic rights for the poor and the workers.

The blacks agreed that majority rule would not be absolute.

 They also agreed that the majority would not take away the property of the white
minority. (Any three)

7. What was the composition of the Constituent Assembly?

Answer:
The Constituent Assembly was elected mainly by the members of the existing
Provincial Legislatures. This ensured a fair geographical share of members from
all the regions of the country. The Assembly was dominated by the Indian
National Congress, the party that led India’s freedom struggle. But, the Congress
itself included a variety of political groups and opinions. The Assembly had many
members who did not agree with the Congress. In social terms too, the Assembly
represented members from different language groups, castes, classes, religions and
occupations.
8. What did Ambedkar mean by ‘contradictions’ in his concluding speech to the
Constituent Assembly? 4]Q8I
Answer:
Dr. Ambedkar, who played a key role in the making of the Constitution, but he
had a different understanding of how inequalities could be removed. In his
concluding speech to the Constituent Assembly, Dr. Ambedkar said that India was
entering a life of ‘contradictions’ on 26th January, 1950. According to him in
politics, Indians would have equality but in social and economic life, there would
be inequality. The politics should be based on the principle of one man one vote
and one vote one value. In social and economic life, by reason of social and
economic structure one must continue to deny the principle of one man one value.
9. What are the various functions of a Constitution?
Answer:
A Constitution performs several functions such as :

It generates a degree of trust and coordination that is necessary for different kind of
people to live together.

It specifies how the government will be constituted, and who will have power of
taking which decisions.

It lays down limits on the powers of the government and tells us what the rights of the
citizens are.

It expresses the aspirations of the people about creating a good society. (Any three)

10. How does the Indian Constitution describes the institutional arrangements?
Answer:
The Constitution describes the institutional arrangements in a very legal language.

The Indian Constitution lays down a procedure for choosing persons to govern the
country.

It defines who will have how much power to take which decisions.
It puts limits to what the government can do by providing some rights to the citizen
that cannot be violated.

Flow chart for understanding