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Class 9 Rapid Revision: Constitution Design
This chapter explores how a constitution provides the foundation for a democracy.
We'll examine South Africa's history to understand the need for a constitution, how
the Indian Constitution was formed, the role of the Constituent Assembly, the
philosophy behind it, the Preamble, and institutional design.
The South African Context: Apartheid and the
Struggle for Equality
In South Africa, the system of apartheid led to discrimination based on skin color
between Blacks and Whites.
Apartheid: A system of racial segregation and discrimination enforced in
South Africa from 1948 to 1994.
Discrimination: This wasn't just between Blacks and Whites; "colored" people
(non-Blacks, including Indians) also faced discrimination.
Government Support: The government supported this discriminatory system.
Nelson Mandela: A prominent leader against apartheid, he was imprisoned for
28 years (from 1964).
Growing Opposition: After 1950, opposition to racial discrimination grew
significantly.
Oppressive System: Apartheid involved segregation policies, with separate
public facilities for Blacks and Whites.
Restrictions on Movement: Blacks needed permits to work in White areas.
Religious Discrimination: Discrimination extended to religious places as well.
African National Congress (ANC): An umbrella organization that coordinated
movements against discrimination.
Nelson Mandela's Release: On April 26, 1994, after 28 years in jail, Nelson
Mandela was released, marking the end of apartheid and the beginning of a
new republic.
Building Trust Through a Constitution
The transition involved building trust between the oppressed and the oppressors.
The constitution played a crucial role in ensuring this trust.
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Equal Rights: The constitution provided equal rights to Blacks and Whites.
Assurances: Blacks assured they would not seek revenge, while Whites
assured they would not repeat discriminatory actions.
Constitution as a Bridge: The constitution acted as a bridge, fostering trust and
cooperation.
Why Do We Need a Constitution?
Constitutions serve several vital functions:
Generating Trust: They establish a degree of trust among citizens.
Government Formation: They specify how the government will be formed and
its powers.
Limiting Government Power: They prevent the government from abusing its
power and oppressing its citizens.
Reflecting People's Aspirations: They reflect the aspirations and values of the
people.
A constitution is a set of written rules accepted by the people living in a
country, through which the country is governed.
The Making of the Indian Constitution
Like South Africa, India faced numerous challenges while creating its constitution.
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Post-Independence Challenges: The country had just gained independence,
and there was violence due to partition. Ensuring equal rights for everyone was
crucial.
Early Discussions: Discussions about the constitution began before
independence, focusing on what rights should be included and how it should be
structured.
1931 Karachi Session: Motilal Nehru presented a draft constitution.
Government of India Act 1935: Indian leaders gained first-hand experience in
governance through the Provincial Legislative Councils.
Inspiration from Around the World: The Indian Constitution drew inspiration
from various sources worldwide.
French Revolution: Ideals of liberty, equality, and fraternity.
Britain: Parliamentary system.
USA: Bill of Rights.
Russia: Socialist system.
The Constituent Assembly
The Constituent Assembly played a critical role in drafting the Indian Constitution.
Constituent Assembly: An elected body of members responsible for
drafting a country's constitution.
Elections: Elections for the Constituent Assembly were held in July 1946.
Functioning: The Assembly began functioning in December 1946.
Partition: The partition of the country led to changes in the Assembly's
composition.
Finalization: On November 26, 1949, the Constituent Assembly, with 299
members, finalized the draft constitution.
Adoption: The Constitution was adopted on January 26, 1950, marking India as
a Republic.
Why the Indian Constitution is Respected
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Despite many countries having constitutions that remain mere documents, the Indian
Constitution is highly respected.
Acceptance: The Constitution has been widely accepted and not significantly
questioned.
Amendments: It is not rigid and has been amended to adapt to changing times.
Representation: It fairly represents the geographical diversity of the country.
Noble Process: The process of drafting the Constitution was thorough,
involving debates, discussions, and documentation.
Constituent Assembly Debates: Records of these debates are used to
understand the rationale behind constitutional provisions.
Guiding Values of the Indian Constitution
Understanding the values that shaped the Indian Constitution requires examining the
philosophies of its key figures.
Mahatma Gandhi: Advocated for a country where everyone feels part of the
decision-making process, with the end of untouchability, prohibition, and equal
rights for women.
B.R. Ambedkar: Expressed concerns about the inequalities in social and
economic life and emphasized the need for equality across all fronts for
democracy to be fully established.
Jawaharlal Nehru: Envisioned India moving towards a glorious future.
The philosophies of these leaders are reflected in the Constitution, making it a mirror
of their vision.
The Preamble: Philosophy of the Constitution
The Preamble serves as an introductory statement that reveals the essence of the
Constitution.
Purpose: It acts like an ID card, providing an overview of what the Constitution
is about.
Global Adoption: Many countries, including the USA and South Africa, have
adopted a Preamble in their constitutions.
Indian Preamble: It begins with "We the People of India," emphasizing that the
Constitution is created by the people of the country.
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Key elements of the Preamble:
Element Meaning
We the The constitution has been created by the people of India and derives
People its power from them.
Sovereign India is free from external control and has the right to govern itself.
The government aims to reduce economic inequalities and ensure a
Socialist
decent standard of living for all.
The state does not promote any particular religion and treats all
Secular
religions equally.
Democratic The government is elected by the people and is accountable to them.
Republic The head of the state is elected, directly or indirectly, for a fixed term.
Key Principles
The Indian Constitution is founded on several key principles:
Sovereign: Citizens can make their own decisions; no external power dictates
their choices.
Socialist:
Wealth is socially generated and should be socially distributed,
implying an equal distribution of wealth.
Secular:
All religions are treated equally, with no single religion being
favored or receiving special treatment.
Democratic:
A democratic setup where the people hold the supreme power.
People elect the government, which governs the country
accordingly.
Republic:
The head of state is an elected person.
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Preamble Objectives
The Preamble aims to secure the following for all its citizens:
Justice: In all senses.
Equality: Ensuring equal status and opportunity.
Liberty: Freedom of thought, expression, belief, faith, and worship.
Fraternity: People live with a sense of brotherhood.
Institutional Design
Beyond values and philosophy, the Constitution details how institutions will function:
It specifies how elections will be conducted.
It defines the powers of leaders after elections.
It outlines decision-making processes.
The Constitution also includes provisions for Constitutional Amendments, indicating
that it is not rigid and can be changed over time by respected authorities to adapt to
changing circumstances.
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