Constitutional Design
Apartheid System
• Apartheid: A system based on racial discrimination, dividing people based on skin color.
It was Imposed by white Europeans in South Africa.
• Racial Discrimination: Non-whites were treated as inferiors, lacked voting rights, and
were restricted from white areas.
Resistance and Struggle:
• Fight: Non-whites (blacks, colored, and Indians) fought against apartheid since 1950.
• ANC: African National Congress (ANC) led the struggle.
• Imprisonment of Mandela: Nelson Mandela, among others, was imprisoned for
opposing apartheid in 1964.
End of Apartheid
• Outcomes of Protest: Protests and international pressure led to changes in apartheid
policies.
• Lifting of Discriminatory Laws and Restrictions: Discriminatory laws repealed, political
parties and media restrictions lifted.
• Release of Mandela: Mandela was released in 1990 after 28 years in prison.
• End of Apartheid: Apartheid officially ended on April 26, 1994, leading to a multi-racial
government.
New Constitution
• New Constitution: Post-apartheid, ruling and freedom struggle parties collaborated on a
new constitution.
• Drafted the most extensive rights for South African citizens.
• It emphasized inclusion and equality in problem-solving efforts.
Equality in Democracy
• Constitution ensures equality between oppressor and oppressed in a democracy.
• Safeguards the interests of diverse groups in a new democracy.
Compromises and Agreements
• In South Africa, whites and blacks compromised on majority rule and property rights.
• The constitution outlines these agreements and ensures they are implemented.
Supreme Rules of the Game
• Constitution is the supreme law.
• Provides a set of rules that everyone, including the government, must follow.
Functions of Constitutions
• Building Trust: Creates trust and coordination among diverse people in a country.
• Government Structure: Specifies how the government is formed and who makes decisions.
• Citizens' Rights: Limits government power, outlining citizens' rights and freedoms.
• Societal Aspirations: Reflects people's dreams for a better society.
Democracy and Constitutions
• All democratic countries have constitutions.
• Need for a Constitution: Constitution is essential for democratic governance, ensuring a fair
and just society.
Difficult Birth of India:
• Born through Partition: Partition based on religious differences created India and Pakistan.
• Traumatic experience for people; uncertain future for the newly formed nations.
• Deaths: More than 10 lakh people killed on both sides due to partition-related violence.
Challenge of Princely States:
• Choice of Princely States: Princely states could choose to merge with India, Pakistan, or
remain independent.
• Merging states posed a challenging and uncertain task for the nation.
Consensus from Freedom Struggle:
• Common Vision: Leaders had a shared vision for democratic India during the freedom
struggle.
• Key Principles: Documents in 1928 and 1931 outlined key principles: Universal Adult
Franchise, Right to Freedom, Equality, and protection of minority rights.
Incorporating Established Values:
• Govt. of India Act 1935: Indian Constitution adopted features from colonial laws like the
Government of India Act 1935.
• Inspiration: Leaders were inspired by ideals of the French Revolution, British parliamentary
democracy, and the US Bill of Rights.
Early Agreement on Key Principles:
• Basic values agreed upon before the Constituent Assembly met. [Key Principles]
• Institutional details and procedures were shaped by these shared principles.
Constituent Assembly Formation:
• Constituent Assembly: The elected assembly named Constituent Assembly drafted the
constitution.
• Elections: Elections were held in July 1946; first meeting in December 1946.
• Separate Groups: Division into India and Pakistan led to separate Constituent Assemblies for
each country.
Composition of Indian Constituent Assembly:
• Indian Assembly: Indian Constituent Assembly had 299 members.
• Adoption of Constitution: Drafted the Constitution, which was adopted on November 26,
1949.
• Republic Day: The Constitution came into effect on January 26, 1950, celebrated annually as
Republic Day.
Reasons for Accepting the Constitution:
• Broad Consensus: Represents a consensus of its time, not just views of assembly members.
• Representation of People: Constituent Assembly represented the people of India.
• Systematic Process: Worked systematically, openly, and consensually.
• Drafting Committee: Chaired by Dr B.R. Ambedkar, prepared a draft for discussion.
• Thorough Discussions: Extensive discussions on every clause, considering over two thousand
amendments.
• Recorded Debates: Every document and speech preserved as 'Constituent Assembly
Debates.'
Guiding Values of The Constitution
WE THE PEOPLE OF INDIA
• Constitution made by people through representatives, not imposed by a king or external
power.
SOVEREIGN
• People have the supreme right to decide internal and external matters.
• No external power can control India's government decisions.
SOCIALIST
• Wealth is generated collectively and should be shared equally.
• Government regulates land and industry ownership to reduce socio-economic disparities.
SECULAR:
• Citizens are free to follow any religion.
• No official religion: government respects all beliefs equally.
DEMOCRACY
• People enjoy equal political rights.
• Citizens elect rulers and hold them accountable.
• Government operates based on fundamental rules.
REPUBLIC
• The head of the state is elected, not a hereditary position.
JUSTICE
• No discrimination based on caste, religion, or gender.
• Government works for the welfare of all, especially disadvantaged groups.
LIBERTY:
• Citizens have freedom of thought, expression & action without unreasonable restrictions.
EQUALITY:
• All equal before the law.
• Government ensures equal opportunities for everyone, ending social inequalities.
Fraternity:
• Everyone treats fellow citizens as equals, like members of the same family.
• No one should consider another as inferior.
Institutional Design in a Constitution:
• Not Just Values: More than a statement of values; it embodies values into institutional
structures.
• Detailed Document: Lengthy and detailed, outlining how the country will be governed.
• Need for Amendments: Regular amendments are needed to keep it updated and relevant.
• Provisions for Change: Allows for constitutional amendments to incorporate necessary
changes over time.
Choosing Persons to Govern:
• Defined Procedure: Defines how leaders are chosen to govern the country.
• Allocation of Power: Specifies who has what powers and authority to make decisions.
• Limits on Government: Imposes limits on government actions, ensuring certain rights of
citizens cannot be violated.