Constitutional Design
Questions and Answers
Question 1.
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.
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.
Question 2.
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.
Question 3.
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.
Question 4.
What 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.
Question 5.
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’.
Question 6.
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.
Question 7.
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.
Question 8.
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.
They wanted substantial social and economic rights.
Question 9.
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.
Question 10.
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)
Question 11.
Explain 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.