CONSTITUTIONAL DESIGN COMMON NOTES

CHAPTER 3: CONSTITUTIONAL DESIGN CONCEPTS

CONSTITUTION –A Constitution is a written document of rules, regulations and laws by which a

countries government is run accordingly.
Do We Need a Constitution?
Yes. A constitution has written laws accepted by people living together in a country.
 It generates trust and co-ordination.
 It specifies how a government should be constituted.
 It lays down limits on the powers of the government.
 It expresses the aspirations of the people about creating a good society.
Making of the Indian Constitution
 The process began during the national struggle for freedom.
 First draft 1928, then 1931. Motilal Nehru and 8 leaders demanded in the draft: universal Adult
franchise, social justice, right to freedom and liberty.
 Participation in Provincial Legislatures helped Indians in framing their constitution.
 Leaders inspired by French Revolution, British parliamentary system and the Bill of Rights of the
US.
They also learnt what the British were denying Indian citizens.
The Constituent Assembly
 Elections to the Constituent Assembly held in July 1946.
 Dr. B.R. Ambedkar appointed chairman of the drafting committee.
 Constitution adopted on 26 November 1949, and enacted on 26 January, 1950, when India
Became a republic.
 The Constitution reflects the best minds of the country. Its members represented mini-India.
Every law was debated clause by clause and a consensus arrived at. It is the longest written
constitution.
PROBLEMS FACED WHILE MAKING INDIAN CONSTITUTION
 India was a huge and divers country and making of the constitution was not an easy affair.
 The country was devided on the basis of religious differences.
 The merger of Princely states was a difficult and uncertain task.
 The future of the country was not much secure.
Significance of Preamble to the constitution
The Preamble provides the guidelines of the constitution and is considered to be the key of the
constitution.
WE, THE PEOPLE OF INDIA-
*SOVEREIGN *SOCIALIST *SECULAR *DEMOCRATIC *REPUBLIC *JUSTICE
*LIBERTY *EQALITY *FRATERNITY.
MEMBERS OF CONSTITUENT ASSEMBLY
1. Vallabhbhai Patel [Link] Kalam Azad 3.T.T. Krishnamachari 4. Rajendra Prasad
5.H. C. Mukherjee 6. Jaipal Singh 7. G. Durgabai Deshmukh 7. Baldev Singh
8. K. M. Munshi 9. B. R. Ambedkar 10. Shyama Prasad Mukherjee
11. Jawahar Lal Nehru 12. Sarojini Naidu 13. Somnath Lahiri .
Democratic Constitution in South Africa
 Nelson Mandela, the South African leader of African National Congress, fought a long battle
Against Apartheid.
 Imprisoned for 28 years (1964–1992) emerged as the First President of the Republic of South
Africa.
 People struggled against the horrible discrimination practised against them by the white
Minority rulers.
 Apartheid finally defeated in 1994 and a new constitution made in 1996.
 Remarkable constitution, forgot past sufferings, sought co-operation of all the races which Make
S. Africa based on equality, democratic values and social justice.

SHORT ANSWER TYPE QUESTIONS [3 MARKS]

Q.1. In which way was the system of ‘apartheid’ oppressive?
Ans The apartheid system was particularly oppressive for the blacks. They were forbidden from living in white
areas. They could work in white areas only if they had a permit. Trains, buses, taxis, hotels, hospitals, schools
and colleges, swimming pools, public toilets etc. were all separate for the whites and blacks. They could not
even visit the churches where the whites worshipped. Blacks could not form associations or protest against the
terrible treatment.
Q.2 what was the appeal made by the black leaders to the fellow blacks after the emergence of
the new democratic South Africa?
Ans. After the emergence of the new democratic South Africa, black leaders appealed to fellow blacks to
forgive the whites for the atrocities they had committed while in power. They urged the people to build a new
South Africa based on equality of all races, and of men and women, on democratic values, social justice and
human rights.
Q.3 What is meant by the term ‘Constitution’?
Ans The constitution of a country is a set of written rules that are accepted by all people living in that
country. It is the supreme law that determines the relationship among the people living in a territory
(called citizens) and also the relationship between the people and government. It specifies how the
government will be constituted and who will have the power to take different decisions.
Q.4. Describe the advantages that Indians had when they participated in the legislatures which
were set up as a result of the elections of 1937.
Ans Although the legislatures set up in India as a result of elections of 1937 were not fully
democratic, the experience gained by Indians in the working of the legislative institutions proved to
be very useful for the country in setting up its own institutions and working in them.
Q.5. Give a description of the composition of the Constituent Assembly.
Ans 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.
Congress, which was the dominant party in the Assembly itself, included a variety of political groups
and opinions. It represented members from different languages, castes, religions, classes and
occupations.
Q.6What did Ambedkar mean by ‘Contradiction’ in his concluding speech to the Constituent
Assembly?
Ans .In his concluding speech to the Constituent Assembly Dr. Ambedkar said that India was entering
a life of ‘contradictions’ on 26th Jan 1950. By this he meant that in politics Indians would have
equality but in social and economic life, there would be inequality. In politics India would be
recognising the principle of one man one vote, with one value, but in social and economic life, the
principle of one man one value would be denied.
Q.7. Why was a constitution necessary for a country like South Africa?
Ans The oppressor and the oppressed, i.e. the whites and the blacks were planning to live together, as equals.
It was not going to be easy for them to trust each other. They wanted to safeguard their interests. The only
way to build and maintain trust was to write down some rules. This set of basic rules was the constitution
needed for South Africa.
Q.8What do you understand by secularism? Why India is called a secular country?
Ans. India is a country of many religions and it respects all religions. No religion is given the status of state
religion and equal respect is given to all beliefs, faiths and practices. Citizens have complete freedom to follow
any religion.
Q. 9 what are Constitutional Amendments? State its significance in a democratic country like India.
Ans. Constitutional Amendments are changes in the constitution made by the Supreme Legislative
body in a country. The constitution of India is a very long and detailed document. Therefore it needs
to be amended quite regularly to keep it updated.
Q.10. what were the difficulties faced during the making of Indian constitution?
Ans It was drawn up under very difficult circumstances. Making a constitution for a huge country like
India was not an easy affair. The country was born through partition. The problem of princely states
was left undecided by the Britrish. There were anxieties about the present and future of the country.

LONG ANSWER TYPE QUESTIONS [5 MARKS]

Q.1. Regarding the constitution-making, what was the compromise reached at between the blacks and
whites?
Ans.1-The constitution of South Africa was drawn together by the party of whites which had rules
through oppression and the party that led the freedom struggle.
2-The constitution gave to its citizens the most extensive rights available in any country. After long
negotiations both parties agreed to a compromise.
3-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.
4-The blacks agreed that the majority rule would not be absolute. They agreed that the majority
would not take away the property of the white minority.
Q.2What does the constitution effectively do that makes a country a democratic one?
Ans A constitution does many things to make a country a democratic one:
(i) It generates a degree of trust and coordination that is necessary for different kind of people to live
together.
(ii) It specifies how the government will be constituted and who will have the power of taking which
decisions.
(iii) It lays down limits on the powers of the government and tells us what the rights of the citizens
are.
(iv) It expresses the aspirations of the people about creating a good society.
Q3. In his speech ‘Tryst with Destiny’, Nehru said, ‘Freedom and power bring responsibility.' Explain what he meant by
this.
Ans.1-By saying that ‘Freedom and power bring responsibility’, Nehru meant that it is the
responsibility of Indians to not relax with ease after having got the freedom, but to constantly strive
to fulfil the pledges taken
.2- He said that the service of India meant the service of the millions who suffered, it meant the
embing of poverty and ignorance and disease and inequality of opportunity.
Q4. What is the preamble of the constitution? What is the significance of 'We the people of India
'and'secular 'in the preamble?
Ans.1-It 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.
2-Secular means that citizens have complete freedom to follow any religion. But there is no official
religion.

Q5. Describe any three features of the Indian constitution.

Ans. (i) It establishes a Sovereign, Democratic, Republic in India (ii) It establishes a secular state in
India (iii) It provides Fundamental Rights and Fundamental Duties.
(i) The Constitution begins with a short statement called the preamble. Sovereign means people
have supreme right to make decisions on internal as well as external matter. No external power can
dictate the government of India. Democratic means a form of government where people enjoy equal
political rights, elect their rulers and hold them accountable. Republic means the head of the state is
an elected person and it is not a hereditary position.
(ii) Secular means citizens have complete freedom to follow any religion – Government treats all
religions beliefs and practices with equal respect.
(iii) The Indian constitution provides justice – social, economic and political.
Liberty of thought, expression, belief, faith and worship.
Equality of status and opportunity.
Fraternity assuring dignity of the individual and unity and integrity of the nation.
[Link] is constitution? Why do we need a constitution?
Ans.1-It is a set of written rules that are accepted by all the people of a country.
2- It is needed as it is the supreme law that determines the relationship among citizens of a country.
3-It defines how the government will be formed and also limits the powers of the government and
defines the rights of the citizens.
Q.7The Indian constitution is both rigid and flexible. Explain?
Ans.1-The Indian Constitution is neither wholly flexible nor wholly rigid. It is partly rigid and partly
flexible.
2- It is not as flexible as the British constitution is, nor as rigid as the American constitution is.
Some of the articles of the constitution can be amended by a simple majority of the parliament, e.g.
changing the names of states, altering boundaries of states, matters relating to citizenship etc.
3- Some of the articles of the constitution can be amended with 2/3 majority of the members of
parliament, e.g. the election of the president of India.
4- If any change in it is intended then it has to be passed first by a majority of the total members in
each house of parliament.
Q.8. Mention the landmark years in the making of the Indian constitution.
Ans.1-As far back as 1928, Moti lal Nehru and eight other Congress leaders drafted a constitution for
India.
2- In 1931 at the Karachi Session of Indian National Congress leaders pondered what India's
constitution should be like. Elections held in 1937 to provincial Legislatures and
Minister all over British India.
3- It was beneficial for Indians to gain experience.
4-That is why Indian Constitution adopted many insititutional details from colonial laws like the
Government of India Act 1935.
[Link] is the aim of a socialist state? How can that be achieved?
Ans.1-We all us generated socially and should be shared equally by society.
2-Government should regulate the ownership of land and industry to reduce socioeconomic
equalities.
3-Social inequalities have to be reduced; Government should work for the welfare of all.
Q.10What was the African Policy of Apartheid? How could that come to an end?
Ans. 1-Apartheid was the name of a system of racial discrimination unique to South Africa.
2-The White Europeans imposed this system on South Africa. The native people of Africa are black.
3- They had 3/4 of the population. The whites treated all non-whites as inferiors. The non-whites
didnot have voting rights.
4-The blacks were forbidden from living in the white area. Trains, buses, hospitals, schools, hotels,
taxis, cinemas etc. were all separate for the whites and blacks. The blacks, coloured and Indians
fought for their rights-arranged marches protests and strikes.
5-The racist government for tortured them. On 26 April 1994. Apartheid came to an end with the
birth of the Republic of South [Link] ASSESSMENT

HOTS
 Q.1 Why did the makers of the Indian constitution have anxieties about the present and the
future of the country?
Ans.1-The makers of the Indian constitution had anxieties because making of the constitution for a
huge and diverse country like India was not an easy affair.
2-The country was born through partition on the basis of religious differences.
3-At least ten lakh people were killed on both sides of the border in partition related violence.
4- Another problem was that 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 to remain independent.
Q2. Describe how the Constituent Assembly worked to prepare the constitution for India.
Ans. The Constituent Assembly worked in a systematic, open and consensual manner.
1-some basic principles were decided and agreed upon.
2-Then a Drafting Committee chaired by Dr. [Link] prepared a draft constitution for
discussion.
3-Several rounds of thorough discussion took place, clause by clause. More than 2000 amendments
were made.
4-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’.
Q.3What is the Preamble? Explain any three guiding principles explained in the Preamble.
Ans. 1-Preamble is a short statement of the basic values of the constitution. Taking inspiration from
American model, most countries have adopted constitutions with a preamble.
2-The preamble of the Indian constitution reads like a poem on democracy.
3-It contains the philosophy on which the entire constitution has been built; 1. Democratic–It will
have a democratic government Where people will enjoy equal rights; 2. Equality–All citizens will be
equal before the law; And 3. Fraternity–All world would behave as if they are members of the same
family.
[Link] do we need a constitution? Give any four points.
Ans. Every country has diverse groups of people. People have differences. Hence the need to have a
set of rules. To maintain a trust it as best to write down these rules. Thus the constitution of a
country is a set of written rules that are accepted by all. A constitution. 1. generates
trust and coordination.
2. Specifies how government will be constituted. 3. Lays down limits on the powers of the
government.
4. Expresses the aspirations of the people.
Q.5 State the steps involved in the framing of Indian constitution.
Ans.1-The drafting of the document called the constitution was done by an assembly of elected
representatives called the Constituent assembly.
2- Elections to the Constituent Assembly were held in July 1946. Its first meeting was held in
December 1946. It had 299 members.
3-The assembly adopted the constitution on 26 November 1949 and it came into force on 26 January
1950.
[Link] Preamble of our constitution is a short statement of values. Which country has inspired
India to incorporate the Preamble? Why does it start with ‘‘We, The People of India?’’
Ans. Taking inspiration from American model, most countries including India have chosen to begin
their constitutions with a importance to the people of India by saying that it is the people who have
drawn up and enacted the constitution. It has not been handed down to them by a king or any
outside power.