CONSTITUTIONAL DESIGN
Key Notes
Democratic constitution in South Africa
• Apartheid was the name of the system of racial discrimination unique to South Africa.
• The system of apartheid divided the people on the basis of skin colour.
• The system was particularly oppressive for the blacks – forbidden from living in white areas, could work in white
areas only if they had a permit.
• The African National Congress (ANC) was the political party that led the Anti – apartheid movement. Their leader
was Nelson Mandela.
• Their aim was to build a new South Africa based on equality of all races and men and women, on democratic
values, social justice and human rights.
Why do we need a constitution?
• Constitution is a set of written rules that are accepted by all the people living together in a country.
• It is the supreme law that determines the relationship among people living in a territory (citizens) and also the
relationship between the people and the government.
• Firstly, the constitution generates trust and coordination amongst the people.
• Secondly, it explains how the government will be formed, and who will have the power to make decisions.
• Thirdly, it lays down limits on the powers of the government and contains the rights of the citizens.
• Fourthly, it expresses the aspirations of the people about creating a good society.
Making of the Indian Constitution
• The makers of the Indian Constitution faced three major difficulties while drafting the constitution –
Firstly, the people of India were emerging from the status of being subjects to that of citizens.
Secondly, India was partitioned into – India and Pakistan – on the basis of religious differences. This partition
was marked by violence on both sides.
Thirdly, India was divided into a number of princely states, each under a different ruler. They were given the
option of either joining India, Pakistan or remain independent. Merging all the states was difficult task.
The path to the Indian Constitution
• In 1928, Motilal Nehru and eight other Congress members drafted a constitution for India.
• In 1931, the resolution at the Karachi session discussed how the Indian constitution should look like.
• Indians gained from the experience by working in the legislative institutions during the colonial rule.
• They also referred to colonial laws like the Government of India Act.
• The makers were also inspired by –
Ideals of the French revolution – equality, fraternity and liberty
Parliamentary democracy of Britain
Bill of Rights of USA
Socialism of Russia
The Constituent Assembly
• An assembly consisting of representatives that drafted the constitution of India
• Elections to the Assembly held in – July 1946
• Total 299 members
• Adopted the constitution on – 26th November, 1949Implemented the constitution on – 26th January, 1950
• Chairperson of the Constituent Assembly – Dr. Rajendra Prasad
• Chairperson of the Drafting Committee – Dr. B. R. Ambedkar
Why should we continue accepting a constitution that is more than 60 years old?
• It does not reflect the views of the members alone. It expresses a broad consensus of its time.
• No large political or social group has ever questioned the legitimacy of the constitution
• The constituent assembly represented the people of its time. It ensured a fair geographical representation
of the country
• The Assembly represented the members from different language, groups, classes, castes, religions and
occupations.
• The Assembly worked in an open, systematic and consensual manner.
Guiding values of the Indian Constitution
• The Preamble contains the values of the Indian Constitution. It also contains the basic philosophy on which the
constitution is built
• Sovereign – people have supreme right to make decisions on both internal and external matters
• Socialist – wealth is generated equally and should be used by the government for the welfare of all the citizens
• Secular – freedom to practice, preach and profess any religion of their choice
• Democratic – a form of government where people elect their representatives, equal political rights
• Republic – a form of government where the head of the country is elected directly/indirectly by the people and
is not hereditary.
• Justice – citizens are not discriminated in the eyes of the law. Social inequalities have to be reduced.
• Liberty – freedom of thought, expression, belief, faith and worship. No unreasonable restrictions on the citizens.
• Equality – all are equal before the law. Government ensures equality of opportunities to all.
• Fraternity – a feeling of brotherhood, treating our fellow citizens with equality.