CONSTITUTIONAL DESIGN

WHAT IS A CONSTITUTION?• Constitution is a set of written rules that are accepted by

all people living together in a country. It is the supreme law that determines the relationship among people living in a territory and also the relationship between the people and government.

• It generates a degree of trust and coordination among the people.

• It specifies powers of the government and how it should function.

• It limits the powers of the government and ensures certain rights to the people

WHY DO WE NEED A CONSTITUTION?

• The only way to build and maintain trust among diverse groups of people having differences of opinion and interests is to write down some rules that everyone should obey.

• It is necessary to limit the powers of the elected government lest it may misuse the powers.

• These rules safeguards the rights of the people.

STRUGGLE AGAINST APARTHEID IN SOUTH AFRICA

• Apartheid was a system of racial discrimination on the basis of skin colour which existed in South Africa . A large number of white Europeans settled in S.A during the 17th and 18th century and became the local rulers. The white rulers treated the ‘blacks’(ie, the native people of S.A) the ‘coloured’ (people of mixed races) and the Indians as inferiors.

• This system was particularly oppressive for the blacks. They were segregated (separated) everywhere, in the trains, buses, parks, toilets, even in the churches.

• Since 1950, the non-whites fought against the apartheid system. They formed African National Congress(ANC) for this purpose. Even the sensitive whites joined the ANC to oppose apartheid.

• But the white racist government continued to rule by torturing and killing thousands of black and colored people.

Apartheid

Apartheid

Nelson Mandela (1918-2013 Dec: 5)

TOWARDS A NEW CONSTITUTION• As protest against apartheid increased, the racist government realised that

they could no longer keep the blacks under their rule through repression. • They changed their policies. Discriminatory laws were repealed. Ban on

political parties and restrictions on the media were lifted. Nelson Mandela, the leader of the blacks, was released from the jail after 28 years of imprisonment.

• Finally, at the midnight of 26 April 1994, the Republic of South Africa (a multi-racial government) was born.

• The blacks forgave the whites for the atrocities they had done while in power. Both the blacks and the whites decided to build a new S.A based on equality of all races on democratic values, social justice and human rights. They sat together to draw up a common constitution. After two years of discussion they came out with one of the finest constitutions. It gave to its citizens the most extensive rights available in any country. It inspired democrats all over the world. The most undemocratic country is now seen as a model of democracy.

MAKING OF THE INDIAN CONSTITUTION - CHALLENGES

• India’s Constitution was drawn up under very difficult circumstances.

• The making of the constitution for a huge and diverse country like India was not easy.

• The country was born through a partition on the basis of religious differences.

• Unification of the princely states.• The makers of the Constitution had anxieties

about the present and future of the country.

MAKING OF THE INDIAN CONSTITUTION - ADVANTAGES

• Unlike South Africa, Indian Constitution makers had consensus during the freedom struggle itself about what a democratic India should look like.

• In 1928, Motilal Nehru and other leaders drafted a constitution for India. The Karachi session of the Congress deliberated on how independent India should look like.

• Many educated Indians were familiarized with the political and legislative institutions during the colonial (the British) rule.

• Years of thinking and deliberation on the framework of the constitution had another benefit.

• Many of the leaders were inspired by the ideals of the French Revolution, the Socialist Revolution in Russia etc. But they didn’t simply imitate these principles.

The Constituent Assembly (1946)• Drafting of the Constitution was done by an assembly of elected

representatives(299 members)• It represented the people of India. The assembly was dominated

by the I.N.C. But it had many non –congress members belonging to different language groups, castes, classes, religions and occupations. The Constitution doesn’t reflect the views of its members alone, it expresses the aspirations of all people.

• The Assembly adopted the Constitution on 26th November 1949.• Then, a Drafting Committee chaired by Dr. Ambedkar prepared a

draft constitution for discussion. It was discussed clause by clause through several rounds of discussions.

• But it came into effect on January 26, 1950.• Over the last 64 years, no large social group or political party has

ever questioned the legitimacy of the Constitution.

PREAMBLE INDIA SOUTH AFRICA

We, the people of South Africa, Recognise the injustices of our past;

Honour those who suffered for justice and freedom in our land;

Respect those who have worked to build and develop our country; and

Believe that South Africa belongs to all who live in it, united in our diversity.

We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to Heal the divisions of the past and establish a society based on democratic values, social justice and

fundamental human rights; Lay the foundations for a democratic and open society in which government is based on the will of the

people and every citizen is equally protected by law; Improve the quality of life of all citizens and free the potential of each person; and Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family

of nations. May God protect our people.

QUESTIONNAIRE

1. Find out any two principles in common with the constitution of India and that of South Africa. Explain them.

2. What is called a preamble?3. Define:a) Secularismb) Fraternity

Answer the following questions briefly:1. What is meant by apartheid?2. Evaluate the South African freedom struggle.3. Assess the features of South African Constitution.4. Why do we need a constitution?5. What is constitution? What does it describe?6. Indian constitution was drawn up under very difficult

situation. Explain.7. Unlike South Africa, Indian constitution makers had many

advantages in the process of making it. Analyze the factors that helped the makers of the constitution while drafting it.

8. Why should we accept the constitution made by the Assembly more than fifty years ago?

9. How was the Constituent Assembly constituted? Or Describe the structure of the Constituent Assembly.

10. How did the Constitution get its shape? Explain.11. What is called the preamble of the Indian

Constitution?12. Define the following: a) Sovereign b) Socialist c) Secular d) Democratic e) Republic13. What do you understand by ‘constitutional

amendment’?