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Constitutional Design: India & South Africa

The document discusses the importance of a constitution, highlighting its role in defining political rules, safeguarding rights, and limiting government powers. It examines the democratic constitution in South Africa, detailing the end of apartheid and the establishment of equality and rights in 1994, and outlines the making of the Indian Constitution, which was adopted in 1949 and enforced in 1950. Key features of the Indian Constitution include its length, blend of rigidity and flexibility, and core values such as justice, liberty, and equality.

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3 views4 pages

Constitutional Design: India & South Africa

The document discusses the importance of a constitution, highlighting its role in defining political rules, safeguarding rights, and limiting government powers. It examines the democratic constitution in South Africa, detailing the end of apartheid and the establishment of equality and rights in 1994, and outlines the making of the Indian Constitution, which was adopted in 1949 and enforced in 1950. Key features of the Indian Constitution include its length, blend of rigidity and flexibility, and core values such as justice, liberty, and equality.

Uploaded by

nisharthrajgarhia
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as RTF, PDF, TXT or read online on Scribd

Chapter 2: Constitutional Design

1. Why Do We Need a Constitution?

Defines the basic rules of politics.

Lays down ideals for society (justice, liberty, equality, fraternity).

Limits the powers of the government.

Safeguards citizens’ rights.

Provides a framework for government institutions.

2. Democratic Constitution in South Africa (Case Study)

Apartheid (1948–1994): Policy of racial discrimination by white minority.

Black majority denied basic rights (voting, jobs, education, public facilities).

Struggle led by Nelson Mandela & ANC ended apartheid.

1994: First multiracial elections → Mandela became President.

New Constitution (1996):


Equality for all races.

Guarantees of rights, dignity, and democracy.

No discrimination.

3. Making of the Indian Constitution

Background: Freedom struggle against British colonialism.

Indian National Congress & leaders demanded self-rule.

Experience of working under colonial laws gave Indians understanding of governance.

The Constituent Assembly

Elected in 1946 (indirect elections, Provincial Assemblies).

First meeting: 9 December 1946.

Chaired by Dr. Rajendra Prasad (President).

Drafting Committee Chairman: Dr. B. R. Ambedkar.

Took 2 years 11 months 18 days to complete.


Adopted: 26 November 1949; Enforced: 26 January 1950 (Republic Day).

4. Guiding Values of the Constitution

Preamble expresses philosophy of Constitution.

Keywords:

Sovereign – Independent, free from external control.

Socialist – Reduce inequalities, welfare of people.

Secular – Freedom of religion, no state religion.

Democratic – Rule by the people, universal adult franchise.

Republic – Head of State is elected, not hereditary.

Goals: Justice, Liberty, Equality, Fraternity.

5. Key Features of Indian Constitution

Longest written constitution.


Blend of rigidity and flexibility.

Federal system with strong centre.

Fundamental Rights & Directive Principles.

Independent Judiciary.

Universal Adult Franchise.

6. Important Dates

9 Dec 1946 – First meeting of Constituent Assembly.

26 Nov 1949 – Constitution adopted.

26 Jan 1950 – Constitution came into effect → Republic of India.

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