Chapter 2 UNDERSTANDING CONSTITUTIONAL DESIGN
Question [Link] 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 [Link] 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 [Link] 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 [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 :
1. Justice: Every citizen of India will have social, economic and political
justice.
2. Liberty: Every citizen will have the liberty of thought, expression,
belief, faith and worship.
3. Equality: Every citizen will be provided with the equality of status and
opportunity.
4. Fraternity: All the citizens of India have been assured about the dignity
of individual and the unity and integrity of the nation.
Question [Link] 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 [Link] 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.
Question [Link] 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 [Link] 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 [Link] did the South African people need a Constitution?
Answer: The people of South Africa, need a constitution because :
1. 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.
2. They wanted to safeguard their interests. The black majority was keen
to ensure that the democratic principle of majority rule was not
compromised.
3. They wanted substantial social and economic rights.
Question [Link] 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 [Link] 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.
Question [Link] did Ambedkar mean by ‘contradictions’ in his concluding
speech to the Constituent Assembly?
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 26 th
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.
Question [Link] are the various functions of a Constitution?
Answer: A Constitution performs several functions such as
1. It generates a degree of trust and coordination that is necessary for
different kind of people to live together.
2. It specifies how the government will be constituted, and who will have
power of taking which decisions.
3. It lays down limits on the powers of the government and tells us what
the rights of the citizens are.
4. It expresses the aspirations of the people about creating a good
society.
Question [Link] is the significance of the preamble to the Indian
constitution?
The Indian constitution begins with the short statement of its basic value this
is called the preamble to the Indian constitution the significance of the
preamble
1. The preamble to the Indian constitution is like a poem on democracy. it
contain the philosophy on which entire constitution has been built.
2. It is regarded as the soul of the Indian constitution it providers
standard to examine and evaluate any law and action of government
to find out whether it is good or bad .
3. It guides all the articles of the Indian constitution