CIVI
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Chapter 2: Constitutional Designs
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Constitutional Designs
South Africa – From Apartheid to the Formulation of the Constitution
The Constitution can be defined as the set of rules and laws which the citizens and the
Government have to follow. It is the supreme law of the country. It lays down the rights and
the freedoms of the citizens and the power and the responsibilities of the Government.
The Policy of Apartheid
Apartheid refers to the racial discrimination on the basis of the colour of skin. Many
Europeans had settled in South Africa during the seventeenth and the eighteenth centuries.
These white Europeans began to rule the country. They followed the policy of apartheid in
which the natives called „blacks‟ and the coloured (people of mixed
races and Indians) were treated as inferiors.
The blacks and the coloured people could not live in the areas inhabited by the whites. They
could work in these areas only if they had the permit to work in the white areas.
Swimming pools, libraries, cinema halls, beaches and colleges were all separate for the
whites and the blacks. The coloured and the blacks could not even enter into churches
which were reserved for the whites. Non-whites also did not have the right to vote.
The blacks and the Indians began to raise their voice against the oppressive apartheid policy.
The African National Congress led the struggle against the apartheid policy. Many whites
who opposed the policy of apartheid also joined this organisation and protested against the
policies of the white Government. Nelson Mandela led the struggle of the non-whites
against the South African Government.
The South African Government detained, tortured and killed many protestors and continued
to rule. Nelson Mandela was detained and sent to prison for a period of 28 years by the
Government.
By 1994, the Government realised that it will not be possible to rule South Africa, and thus,
the white Government changed its policies. All discriminatory laws were repealed, and
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freedom of speech and expression was granted to the people. Nelson Mandela was
liberated from prison, and he became the President of South Africa.
South Africa – Drawing of the Constitution
The whites, blacks and coloured population of the country together formulated the
Constitution of the country. They decided that every section of society should be part of the
Constitution and should get equal rights. Some negotiations among the South Africans which
became the basis of the South African Constitution are
The whites agreed to the principle of majority rule and the concept of one person having
one vote.
The blacks agreed that the majority rule would not be absolute, and the rights of the
minority will not be taken away.
The Constitution further defined the way the Government was to be elected and its
functions.
The rights and the freedoms of the citizens were laid down.
Necessity of the Constitution
A Constitution is necessary because of the following reasons:
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It is an important law of the land. It determines the relationship of the citizens with the
governments.
It lays down principles and guidelines which are required for people belonging to
different ethnic and religious groups to live in harmony.
It specifies on how the Government would be elected and who will have the power and
the responsibility to take important decisions.
It outlines the limits on the power of the Government and tells us about the rights of the
citizens.
It expresses the aspirations of the people about creating a good society.
Making of the Constitution of India
It was not easy for the framers of our Constitution to draw a constitution because of the
following reasons:
India was a large country which was inhabited by various diversified communities.
India had just become independent from the colonial rule and Indians had experienced the
pain and trauma which was related to the partition of the country.
The British had drafted the instrument of accession according to which the princely states
were free to decide if they wanted to remain as a part of India or join Pakistan or to remain
independent. This was a threat to the unity of our country.
The framers of the Constitution also had anxieties about the present and the future of the
country. Motilal Nehru
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Our Constitution informally had begun to take shape during the later years of the British rule. In
1928, Motilal Nehru and eight other Congress leaders had drafted a constitution for the people
of India. In 1931, in the Karachi session of the Indian National Congress (INC), discussions took
place on the Constitution which should be framed for the country. All leaders agreed on the
universal adult franchise, protection of the rights of the minorities and right to equality to be
granted to the citizens.
The holding of elections in 1937 in all parts of British India and the passing of various Acts of the
Government of India helped the Indians to gain experience in the working of legislative
assemblies and drafting of the Constitution. The leaders of the country also drew inspiration
from the American Revolution, French Revolution and the practice of the parliamentary
democracy in Great Britain. They had also read constitutions of other countries and were
inspired by features of these constitutions. This helped our leaders to frame the Constitution of
the country.
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The Constituent Assembly
The Constituent Assembly was a body of elected representatives which drafted and framed
the Constitution of our country. The elections to the Constituent Assembly were held in July
1946, and the first meeting was held in December 1946.
The Constituent Assembly adopted the Constitution on 26 November 1949, but it came into
effect on 26 January 1950. Thus, we celebrate 26 January as Republic Day every year.
Why should we accept a constitution framed fifty years ago?
Our Constitution has granted basic rights and freedoms to all citizens. Any kinds of
discriminations are illegal, and minority communities are given protection from any kind of
discrimination. This is the reason why until now, no group or political party has questioned
the legitimacy of the Constitution.
The Constituent Assembly which drafted the Constitution had representatives of the people
of India. Although no elections were held at that time, the members of the Constituent
Assembly were elected by the members of Provincial Legislatures. The assembly
represented people from various regions and linguistic and religious communities.
The Constituent Assembly worked in a systematic, open and consensual manner while
drafting the Constitution of the country. Discussions took place on each clause of the
Constitution. Every document was debated. The Constituent Assembly took three years to
prepare the Constitution of the country. These are called the „Constituent Assembly
Debates‟.
Some Members of the Constituent Assembly
a. Vallabhbhai Patel: He was the first Home Minister of India and played a prominent role in
Bardoli Satyagraha.
b. Abul Kalam Azad: He was the first Education Minister of India and opposed Muslim separatist
politics.
c. T. T. Krishnamachari: He was the finance minister and an entrepreneur.
d. Rajendra Prasad: He was the first President of India and a lawyer by profession.
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e. Jaipal Singh: He was a sportsman and an educationist. He was the captain of the Indian
hockey team. He was also the founder of Adivasi Mahasabha.
f. H. C. Mookerjee: He was the Vice Chairman of the Constituent Assembly and later became
the Governor of Bengal.
g. G. Durgabai Deshmukh: She was the founder of Andhra Mahila Sabha and advocated women
emancipation.
h. Baldev Singh: He was an entrepreneur and was the defense minister in the union cabinet.
i. B. R. Ambedkar: He was the Chairman of the drafting assembly. He denounced the caste
system and was the first Law Minister of independent India. Some other members were Sarojini
Naidu, S. P. Mukherjee, Jawaharlal Nehru, Somnath Lahiri and K. M. Munshi.
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Preamble and Features of the Constitution of India
Our Constitution begins from “We the people of India” which means that the Constitution
derives its authority from the people of India. The Preamble is the guiding line of the
Constitution. The Preamble declares India to be a sovereign, secular, socialist, democratic
republic. It also secures the principles of justice, liberty, equality, and fraternity to all citizens.
Sovereign: It means that our country has the right to make decisions on external or internal
matters of the country. No external or internal authority can pressurise the Government to
take any decisions.
Socialist: It means that wealth should be divided among all sections of society. The
Government should work for the upliftment of the downtrodden sections of society.
Secular: The people of India are free to follow any religion. India has no official religion and
neither it encourages or discourages any religion in India.
Democratic: The Government is elected by the people. The Government is run according to
some basic rules, and people enjoy basic rights and freedoms. Preamble of our Constitution
Republic: The head of the state is elected for a fixed period of time and the position is not
hereditary.
Justice: Citizens cannot be discriminated on the grounds of caste, religion, and gender.
Liberty: Citizens are free to think and express their thoughts.
Equality: All citizens are equal before the law irrespective of their caste, class, or gender.
Fraternity: All citizens of India are equal, and no one is inferior to another
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Important Questions
Multiple Choice Questions:
Question 1. What does a Republic mean?
(a) King has the power to decide
(b) The head of the state is hereditary
(c) Dictatorship
(d) The head of the state is an elected person and not a hereditary positions.
Question 2. Who framed Indian Constitution?
(a) Ordinary Citizens
(b) Governor General of India
(c) British Parliament
(d) Constituent Assembly
Question 3. When were elections of Constituent Assembly held?
(a) June 1946
(b) July, 1946
(c) August 1946
(d) September 1946
Question 4. President of constituent Assembly was ……………. .
(a) B.R. Ambedkar
(b) B.N. Rao
(c) K.M. Munshi
(d) Rajendra Prasad
Question 5. Who was the Chairman of Drafting Committee?
(a) B.R. Ambedkar
(b) Rajendra Prasad
(c) K.M. Munshi
(d) B.N. Rao
Question 6. The first meeting of the Constituent Assembly was held on ……………. .
(a) September 1946
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(b) October 1946
(c) November 1946
(d) December 1946
Question 7. How much time did framing of constitution took?
(a) 3 years, 11 months, 18 days
(b) 2 years, 11 months, 18 days
(c) 1 years, 11 months, 18 days
(d) 1 year, 11 months, 16 days
Question 8. When was Indian Constitution adopted?
(a) 26 November 1949
(b) 26 December 1949
(c) 26 January 1950
(d) 26 February 1950
Question 9. Which article of the Indian Constitution, the procedure of amendment of
constitution is mentioned?
(a) Article 366
(b) Article 367
(c) Article 368
(d) Article 369
Question 10. When was the first amendment to the Indian Constituent made?
(a) In 1950
(b) In 1951
(c) In 1952
(d) In 1953
Question 11. To which country does Nelson Mandela belong?
(a) Namibia
(b) Uganda
(c) South Africa
(d) Zimbabwe
Question 12. System of ‘Apartheid’ was prevalent in which country?
(a) Ghana
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(b) India
(c) Gold Coast
(d) South Africa
Question 13. What is the full form of A.N.C.?
(a) Asian National Congress
(b) African National Congress
(c) African National Contest
(d) American National Congress
Question 14. Who was the president of Constituent Assembly?
(a) Dr. Rajendra Prasad
(b) Dr. Bhim Rao Ambedkar
(c) Sh. B.N. Rao
(d) Mahatma Gandhi
Question 15. Who framed Indian constitution?
(a) Governor General
(b) Ordinary Citizens
(c) Constituent Assembly
(d) British Parliament
Very Short Questions:
1. Mention the number of states in the Union of India.
2. Mention the number of union territories in India.
3. Give the date when the Constitution of India was Enforced.
4. Who was elected as the President of the Constituent Assembly?
5. Name the chairman of the drafting committee who drafted the constitution.
6. Name the three states which Originated in 2001.
7. What is meant by the union territory?
8. For how many days did the Constituent Assembly meet?
9. What time was taken in the making of the constitution?
10. Why tire Constitution is called a living document?
Short Questions:
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1. How were the number of seats allocated to the states?
2. What is Constitution?
3. Explain in your own words the difference you find between the political maps of
India, in 1947 and in 2002.
4. Why the Constituent Assembly is called the miniature India?
5. Give a brief description of the Constituent Assembly.
6. Make a table of the languages which have been included in the Constitution.
7. Name the states which were carved out of in view of the popular demand much
after 1956.
Long Questions:
1. What is the basic structure of the T Constitution?
2. Explain terms such as “sovereign’, ‘democratic’, and republic
3. Compare the grant of the democratic rights as it came in the European countries and
in India.
4. Write a brief note on the Directive Principles of State Policy.
5. Who proposed the Objectives Resolution? For what did it stand?
Assertion Reason Questions:
1. In the following questions, a statement of Assertion (A) followed by a statement of
Reason (R) is given. Choose the correct option out of the choices given below each
question.
Assertion (A) : The white rulers treated all non-whites as inferiors.
Reason (R) : The white rulers divided the people and labeled them on the basis of
their skin colour.
A) Both A and R are correct and R is the correct explanation of A
B) Both A and R are correct, but R is not the correct explanation of A
C) A is true, but R is false
D) A is false, but R is true
2. In the following questions, a statement of Assertion (A) followed by a statement of
Reason (R) is given. Choose the correct option out of the choices given below each
question.
Assertion (A) : The Constitution of a country is a set of written rules that are accepted
by all the people living in a country.
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Reason (R) : It generates a degree of trust and coordination among people that is
necessary for different kinds of people living together.
A) Both A and R are correct and R is the correct explanation of A
B) Both A and R are correct, but R is not the correct explanation of A
C) A is true, but R is false
D) A is false, but R is true
Case Study Based Question:
1. Read the source and answer the following questions.
Finally, the manner in which the Constituent Assembly worked gives sanctity to the
Constitution. 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 on the Draft Constitution, clause by
clause. More than two thousand amendments were considered. The members
deliberated for 114 days spread over three years. Every document presented and
every word spoken in the Constituent Assembly has been recorded and preserved.
These are called ‘ Constituent Assembly Debates’ . When printed, these debates are
12 bulky volumes! These debates provide the rationale behind every provision of the
Constitution. These are used to interpret the meaning of the Constitution.
(1) The Constitution of India was passed and adopted by the Constituent Assembly
which of the following days?
A) 24th January, 1949
B) 26th January, 1950
C) 26th November, 1949
D) 26th November, 1950
(2) The members of the Constituent Assembly were
A) Nominated by the Governor-General.
B) Directly elected by the people.
C) Nominated by the Congress.
D) Elected by the Legislatures of various provinces and nominated by the rulers of
princely states.
(3) Which of the following statements are true regarding the Composition of the
Constituent Assembly after partition?
A) The total strength of the Constituent Assembly was 299.
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B) The Drafting Committee under the chairmanship of Dr. BR Ambedkar consisted
of Eight members.
C) The Chairman of the Union Constituent Committee was Sardar Vallabhbhai
Patel.
D) The representatives were to be elected from the four Constituents Hindu,
Muslim, Sikh and Christian.
(4) Every document presented and every word spoken in the Constituent Assembly
has been recorded and preserved. These are known as..............
A) Constitutional Debates
B) Constituent Assembly Agenda
C) Constitutional Assembly Debates
D) Constituent Assembly Minutes
2. Read the given passage and answer the following questions.
On the 26th of January, 1950 we are going to enter a life of contradictions. In politics
we will have equality and in social and economic life we will have inequality. In
politics we will be recognising the principle of one man one vote and one vote one
value. In our social and economic life, we shall, by reason of our social and economic
structure, continue to deny the principle of one man one value. How long shall we
continue to live this life of contradictions? How long shall we continue to deny
equality in our social and economic life? If we continue to deny it for long, we will do
so only by putting our political democracy in peril.
(1) The speaker of the given lines is
A) Jawaharlal Nehru
B) Mahatma Gandhi
C) Shyama Prasad Mukherjee
D) Dr. B.R. Ambedkar
(2) Which of the following statement is/ are true about the speaker?
A) He was one of the main architects of the Indian Constitution.
B) He worked towards eradicating untouchability and other social inequalities.
C) He had complete faith in democracy.
D) All of the above
(3) The speaker in the above lines is a bitter critic of..............
A) Mahatma Gandhi
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B) Dr. Rajendra Prasad
C) Jawaharlal Nehru
D) Maulana Abul Kalam Azad
(4) Which of the following days is celebrated to mark the enforcement of the
constitution?
A) Independence day
B) Republic day
C) Constitution Enforcement day
D) Gandhi Jayanti
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