Constitutional Design

Apartheid
 Apartheid is a system of racial discrimination unique to South Africa
imposed by white Europeans.
 During the seventeenth and eighteenth centuries, the trading companies
from Europe occupied it with arms and force and became the local rulers.
 The system of apartheid divided the people and labelled them on the basis
of their skin colour.
 The white rulers treated all non-whites as inferiors. The non-whites did
not have voting rights and were forbidden from living in white areas.
 The blacks, coloured and Indians fought against the apartheid system
from 1950.
 The African National Congress (ANC) was the umbrella organisation that
led the struggle against the policies of segregation. Nelson Mandela was
one of the leaders amongst the eight who were tried for treason by the
white South African government. They were sentenced to life
imprisonment in 1964 for daring to oppose the apartheid regime in the
country.
Giving Rise to a New Constitution
 As the protests and struggles against apartheid increased, the blacks could
no longer be kept under the rule of the government through repression.
The white regime changed its policies. Discriminatory laws were
repealed.
 Ban on political parties and restrictions on the media were lifted.
 Nelson Mandela was released after 28 years in the Robben Island Prison.
The apartheid government came to an end on midnight of 26 April
1994, paving the way for the formation of a multi-racial government.
 Following the emergence of the new democratic South Africa, the party
that ruled through oppression and brutal killings and the party that led the
freedom struggle sat together to draw up a common constitution. This
constitution gave 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.
Why the Need for a Constitution?
The oppressor and oppressed were planning to live together as equals in the new
democracy. Each section wanted to safeguard its interests and wanted
substantial social and economic rights.
Through negotiations, both parties came to a compromise. The whites agreed to
the principle of majority rule and that of one person, one vote. They also agreed
to accept some basic rights for the poor and the workers.
The blacks agreed that majority rule would not be absolute and that the majority
would not take away the property of the white minority.
These supreme rules that no government would be able to ignore are called a
constitution.
The 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 the government. Find what constitutions do below:
 First, it generates a degree of trust and coordination that is necessary for
different kinds of people to live together.
 Second, it specifies how the government will be constituted and who will
have the power to take which decisions.
 Third, it lays down limits on the powers of the government and tells us
what the rights of the citizens are.
 Fourth, it expresses the aspirations of the people about creating a good
society.
All countries that have constitutions are not necessarily democratic. But all
countries that are democratic will have constitutions.
Making of the Indian Constitution
India’s Constitution was drawn up under very difficult circumstances. The
country was born through a partition on the basis of religious differences, and it
was a traumatic experience for the people of India and Pakistan.
The British had left it to the rulers of the princely states to decide whether they
wanted to merge with India or with Pakistan or remain independent. The merger
of these princely states was a difficult and uncertain task. When the Constitution
was written, the future of the country did not look as secure as it does today.
The Path to the Constitution
One of the major advantages for the makers of the Indian Constitution was that
consensus about what a democratic India should look like had already evolved
during the freedom struggle.
In 1928, Motilal Nehru and eight other Congress leaders drafted a
constitution for India, and in 1931, the resolution at the Karachi session of the
Indian National Congress dwelt on how independent India’s Constitution should
look.
Both these documents included features such as Universal Adult Franchise, the
Right to Freedom and Equality, and to protect the rights of minorities in the
constitution of independent India.
These basic values were accepted by all leaders much before the Constituent
Assembly met to deliberate on the Constitution. That is why the Indian
constitution adopted many institutional details and procedures from colonial
laws like the Government of India Act 1935.
Many of our leaders were inspired by the ideals of the French Revolution, the
practice of parliamentary democracy in Britain and the Bill of Rights in the US.

The Constituent Assembly

The drafting of the constitution was done by an assembly of elected
representatives called the Constituent Assembly.
Elections to the Constituent Assembly were held in July 1946, and its first
meeting was held in December 1946. Soon after, the country was divided into
India and Pakistan and the Constituent Assembly was also divided into the
Constituent Assembly of India and of Pakistan. The Constituent Assembly that
wrote the Indian constitution had 299 members. The Assembly adopted the
Constitution on 26 November 1949, but it came into effect on 26 January 1950.
Why should we accept the Constitution made by this Assembly more than six
decades ago?
 The Constitution does not reflect the views of its members alone. It
expresses a broad consensus of its time.
 The second reason for accepting the Constitution is that the Constituent
Assembly represented the people of India.
  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. Every document was presented, and every
word spoken in the Constituent Assembly has been recorded and
preserved. These are called ‘Constituent Assembly Debates.
x

Guiding Values of the Indian Constitution

 The Dream and the Promise
There were many members who followed the vision of Mahatma Gandhi. This
dream of an India that has eliminated inequality was shared by Dr Ambedkar,
who played a key role in the making of the Constitution, but his vision of
removing inequalities from India was different from Gandhiji’s.
Philosophy of the Constitution
Values that inspired and guided the freedom struggle and were, in turn, nurtured
by it formed the foundation for India’s democracy. Given below are the values
embedded in the Preamble of the Indian Constitution.
We, the People of India: The Constitution has been drawn up and enacted by the
people through their representatives and not handed down to them by a king or
any outside powers.
Sovereign: People have the supreme right to make decisions on internal as well
as external matters. No external power can dictate the Government of India.
Socialist: Wealth is generated socially and should be shared equally by society.
The government should regulate the ownership of land and industry to reduce
socioeconomic inequalities.
Secular: Citizens have complete freedom to follow any religion. But there is no
official religion. The government treats all religious beliefs and practices with
equal respect.
Democratic: A form of government where people enjoy equal political rights,
elect their rulers and hold them accountable. The government is run according
to some basic rules.
Republic: The head of the state is an elected person and not a hereditary
position.
Justice: Citizens cannot be discriminated against on the grounds of caste,
religion and gender. Social inequalities have to be reduced. The government
should work for the welfare of all, especially the disadvantaged groups.
Liberty: There are no unreasonable restrictions on the citizens in what they
think, how they wish to express their thoughts and the way they wish to follow
up their thoughts in action.
Equality: All are equal before the law. The traditional social inequalities have to
be ended. The government should ensure equal opportunity for all.
Fraternity: All of us should behave as if we are members of the same family. No
one should treat a fellow citizen as inferior.
Institutional Design
A Constitution is not merely a statement of values and philosophy. It is mainly
about embodying these values into institutional arrangements. It is a very long
and detailed document. Therefore, it needs to be amended quite regularly to
keep it updated. Provisions are made to incorporate changes, known as
constitutional amendments, from time to time.
Like any Constitution, the Indian Constitution also lays down a procedure for
choosing persons to govern the country. It defines who will have how much
power to make which decisions. And it puts limits to what the government can
do by providing some rights to the citizen that cannot be violated.
 The French Revolution

In 1789, in the wake of early morning, the city of Paris was in a state of alarm.
Rumours spread that the King would open fire upon the citizens.
People started gathering, and they started breaking down a number of
government buildings in search of arms.
The commander of the Bastille was killed in the armed fight, and the prisoners
were released.
People hated the Bastille as it stood for the despotic power of the king. People
protested against the high price of bread. A new chain of events began, which
led to the execution of the King in France.
French Society During the Late Eighteenth Century
Louis XVI, in 1774, ascended the throne of France.
Financial France was drained because of the war. France, under Louis XVI,
helped the thirteen American colonies to gain their independence from Britain.
Taxes were increased to meet regular expenses, such as the cost of maintaining
an army, the court, and running government offices or universities.
The country of France was divided into three estates in the eighteenth century.
The feudal system was part of the society’s estates dating back to the Middle
Ages. 90 percent of the population was dominated by peasants, but only a small
number of them owned the land they cultivated. 60 percent of land was owned
by nobles, the Church and other richer members of the third estate.
The clergy and the nobility, members of the first two estates, enjoyed certain
privileges by birth. These groups of members were exempted from paying taxes
and enjoyed feudal privileges. All members of the third estate had to pay taxes
to the state, which included a direct tax, called taille, and a number of indirect
taxes, which were levied on articles of everyday consumption like salt or
tobacco.
The Struggle to Survive
The increase in population led to a rapid increase in the requirement for food
grains. Production of grains could not keep pace with the demand, due to which
the price of bread rose rapidly. Due to the low wages paid to the labourers, the
gap between the poor and the rich widened. Things became worse whenever
drought or hail reduced the harvest.
A Growing Middle Class Envisages an End to Privileges
Peasants used to participate in revolts against taxes and food scarcity. The group
of the third estate had become prosperous and had access to education and new
ideas. In the eighteenth century, new social groups emerged, termed the middle
class, who earned their wealth through expanding overseas trade and by
manufacturing woollen and silk textiles that were either exported or bought by
the richer members of society. The third estate included professions such as
lawyers or administrative officials. A person’s social position was dependent on
their merit.
All these groups were educated and believed that no group in society should be
privileged by birth. Rather, a person’s social position must depend on his merit.
A new form of government was proposed by Rousseau based on a social
contract between people and their representatives.
Similarly, Montesquieu proposed a division of power within the government
between the legislative, the executive and the judiciary. In the USA, this model
of government was put into force. Louis XVI planned to impose further taxes to
meet the expenses.
The Outbreak of the Revolution
In France, the monarch didn’t have the power to impose taxes. They had to call
a meeting of the Estates-General, a political body to which the three estates sent
their representatives, to pass proposals for new taxes.
Louis XVI, on 5 May 1789, called an assembly to pass proposals for new taxes.
Representatives from the first and second estates were present, and the third
estate was represented by its prosperous and educated members. According to
the principle, each estate had one vote. But, representatives from the third estate
demanded each member would have one vote. The demand was rejected, so
members of the third estate walked out to protest. They swore not to disperse till
a constitution was drafted for France that would limit the powers of the
monarch.
Due to the severe winter, bread prices rose, and people had to spend hours in
long queues. Rumours spread that the lords of the manor hired bands of
brigands to destroy the ripe crops. In fear, peasants started looting hoarded grain
and burnt down documents containing records of manorial dues. Nobles fled
from their homes.
Louis XVI accorded recognition to the National Assembly and accepted the
principle that his powers would, from now on, be checked by a constitution.
The Assembly passed a decree abolishing the feudal system of obligations and
taxes on 4 August 1789. Tithes were abolished, and lands owned by the Church
were confiscated.
France Becomes a Constitutional Monarchy
In 1791, The National Assembly completed the draft of the constitution, and its
main object was to limit the powers of the monarch. These powers were now
separated and assigned to different institutions – the legislature, executive and
judiciary. France became a constitutional monarchy.
Citizens voted for a group of electors, who in turn chose the Assembly, but
unfortunately, not every citizen had the right to vote. Men above 25 years of age
who paid taxes equal to at least 3 days of a labourer’s wage were entitled to
vote. The Constitution began with a Declaration of the Rights of Man and
Citizen. Rights such as the right to life, freedom of speech, freedom of opinion,
and equality before the law were established as ‘natural and inalienable’ rights;
that is, they belonged to each human being by birth and could not be taken
away.
France Abolishes Monarchy and Becomes a Republic
In April 1792, the National Assembly voted for a war against Prussia and
Austria. Marseillaise became the national anthem of France. While men were
away fighting in the war, women took care of their families. Large sections of
the population demanded that the revolution had to be carried further, as the
Constitution of 1791 gave political rights only to the richer sections of society.
Political clubs were formed, and among them, Jacobins became the most
successful club. Members of the Jacobin club included small shopkeepers,
artisans such as shoemakers, pastry cooks, watch-makers, printers, as well as
servants and daily-wage workers.
Jacobin members started wearing long striped trousers similar to those worn by
dockworkers. These Jacobins were called the sans-culottes, literally meaning
‘those without knee breeches’.
On August 10 1792, Jacobins stormed the Palace of the Tuileries and held the
king hostage for several hours. Elections were held, and all men of 21 years and
above got the right to vote. The monarchy was abolished on 21 September 1792,
and France was declared a republic. Louis XVI was sentenced to death by a
court on the charge of treason.
The Reign of Terror
The period from 1793 to 1794 is referred to as the Reign of Terror. People
whom Robespierre saw as enemies of the republic were arrested, imprisoned
and then tried by a revolutionary tribunal. If they were declared guilty by the
court, then they were guillotined.
The guillotine is a device consisting of two poles and a blade with which a
person is beheaded, named after Dr Guillotin.
Laws were issued to place a maximum ceiling on wages and prices. Meat and
bread were rationed. Expensive white flour was forbidden to use. Equality was
practised through forms of speech and address. All French men and women
were addressed as Citoyen and Citoyenne (Citizen).
In July 1794, he was convicted by a court, arrested and the next day sent to the
guillotine for his harsh ruling.
A Directory Rules France
The fall of the Jacobin government allowed the wealthier middle classes to seize
power. According to the new constitution, non-propertied sections of society
were denied voting. It provided for two elected legislative councils. The
government appointed a Directory consisting of executives made up of five
members. Political instability paved the way for a military dictator, Napoleon
Bonaparte.
Did Women have a Revolution?
Women were active participants from the beginning, which brought important
changes in the country of France. Women from the third estate had to work for a
living, and they didn’t have access to education or job training.
Daughters of nobles of the third estate were allowed to study at a convent.
Working women also had to care for their families. Compared to men, their
wages were lower. Women also started their political clubs and newspapers.
The Society of Revolutionary and Republican Women was one of the most
famous women’s clubs. They demanded equal political rights as men, the right
to vote and to hold political office.
The revolutionary government introduced laws to improve the lives of women.
Schooling became compulsory, divorce was made legal, and they could run
small businesses. During the Reign of Terror, the government closed women’s
clubs banning their political activities. After much struggle, women in France in
1946 won the right to vote.

The Abolition of Slavery

Jacobin’s regime’s most revolutionary social reform was the abolition of slavery
in the French colonies. In the seventeenth century, the slavery trade began.
Slaves were brought from local chieftains, branded and shackled and packed
tightly into ships for the three-month-long voyage across the Atlantic to the
Caribbean.
Slave labour met the growing demand in European markets for sugar, coffee,
and indigo. Throughout the eighteenth century, there was little criticism of
slavery in France.
In 1794, the Convention legislated to free all slaves in the French overseas
possessions. Napoleon introduced slavery after ten years. In 1848, slavery was
abolished in French colonies.
The Revolution and Everyday Life
The abolition of censorship happened in the summer of 1789.
Declaration of the Rights of Man and Citizen proclaimed freedom of speech
and expression to be a natural right.
Freedom of the press meant opposing views of events could be expressed.
Plays, songs and festive processions attracted large numbers of people.
Conclusion
 Napoleon Bonaparte crowned himself Emperor of France in 1804 and
introduced many laws, such as the protection of private property and a
uniform system of weights and measures provided by the decimal system.
 Napoleon was defeated at Waterloo in 1815.
 The ideas of liberty and democratic rights were the most important legacy
of the French Revolution. Colonised peoples reworked the idea of
freedom to create a sovereign nation-state.