Constitutional design

Question and answers

Write a short note on nelson mandela.

This was nelson mandela, being

Tried for treason by the white south
African government. He and seven
Other leaders were sentenced to life
Imprisonment in 1964 for daring to
Oppose the apartheid regime in his
Country. He spent the next 28 years
In south africa’s most dreaded
Prison, robben island.
Explain the apartheid system?

Apartheid was the name of a system

Of racial discrimination unique to
South africa. The white europeans
Imposed this system on south
Africa. The system of apartheid divided the people and
Labelled them on the basis of their
Skin colour. The native people of
South africa are black in colour.
They made up about three-fourth
Of the population and were called
‘blacks’. Besides these two groups,
There were people of mixed races
Who were called ‘coloured’ and
People who migrated from india.
The white rulers treated all nonwhites
As inferiors. The non-whites
Did not have voting rights.
What was segregation policy in south africa ?

The apartheid system was

Particularly oppressive for the
Blacks. They were forbidden from
Living in white areas. They could
Work in white areas only if they had
A permit. Trains, buses, taxis,
Hotels, hospitals, schools and
Colleges, libraries, cinema halls,
Theatres, beaches, swimming pools, public toilets, were all separate
for
The whites and blacks. This was
Called segregation. They could not
Even visit the churches where the
Whites worshipped. Blacks could not
Form associations or protest against
The terrible treatment.
Describe the struggle against apartheid system

Since 1950, the blacks, coloured

And indians fought against the
Apartheid system. They launched
Protest marches and strikes. The
African national congress (anc) was
The umbrella organisation that led
The struggle against the policies of
Segregation. This included many
Workers’ unions and the communist
Party. Many sensitive whites also
Joined the anc to oppose apartheid
And played a leading role in this
Struggle. Several countries denounced
Apartheid as unjust and
Racist.
How did south africa get independence?

Or

What was the result of struggle against apartheid?

As protests and struggles against

Apartheid had increased, the
Government realised that they could
No longer keep the blacks under
Their rule through repression. The
White regime changed its policies.
Discriminatory laws were repealed.
Ban on political parties and
Restrictions on the media were lifted.
After 28 years of imprisonment,
Nelson mandela walked out of the
Jail as a free man. Finally, at the
Midnight of 26 april 1994, the new national flag of the republic of
south
Africa was unfurled marking the
Newly born democracy in the world.
The apartheid government came to
An end, paving way for the formation
Of a multi-racial government.
How was the new constitution of south africa form (frame)?
After the emergence of the new
Democratic south africa, black
Leaders appealed to fellow blacks to
Forgive the whites for the atrocities
They had committed while in power.
They said let us build a new south
Africa based on equality of all races
And men and women, on democratic
Values, social justice and human
Rights. 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.
After two years of discussion and
Debate they came out with one of the
Finest constitutions the world has
Ever had. This constitution gave to
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, no one should
Be treated as a demon. They agreed
That everybody should become part
Of the solution, whatever they might
Have done or represented in the
Past.
What problems were faced by south africans before the formation of
the constitution?

The oppressor and

The oppressed in this new democracy
Were planning to live together as
Equals. It was not going to be easy for
Them to trust each other. They had
Their fears. They wanted to safeguard
Their interests. The black majority
Was keen to ensure that the
Democratic principle of majority rule
Was not compromised. They wanted
Substantial social and economic
Rights. The white minority was keen
To protect its privileges and property.
What is a constitution ?why do we need a constitution?

Thus, the constitution of a country

Is a set of written rules that are
Accepted by all people living together
In a country. 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 government. A constitution does
Many things:
first, it generates a degree of trust
And coordination that is necessary
For different kind of people to live
Together;
second, it specifies how the
Government will be constituted,
Who will have 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; and
fourth, it expresses the
Aspirations of the people about
Creating a good society.
What documents were taken by the constituent assembly to frame the
indian constitution?

As far back as in 1928, motilal

Nehru and eight other congress
Leaders drafted a constitution for
India. In 1931, the resolution at the
Karachi session of the indian
National congress dwelt on how
Independent india’s constitution
Should look like. Both these
Documents were committed to the
Inclusion of universal adult franchise,
Right to freedom and equality and to
Protecting the rights of minorities in
The constitution of independent india. The familiarity with political
Institutions of colonial rule also
Helped develop an agreement over
The institutional design. Indian constitution adopted many
Institutional details and procedures
From colonial laws like the government
Of india act, 1935. Our leaders
Gained confidence to learn from
Other countries, but on our own
Terms. Many of our leaders were
Inspired by the ideals of french
Revolution, the practice of
Parliamentary democracy in britain
And the bill of rights in the us. The
Socialist revolution in russia had
Inspired many indians to think of
Shaping a system based on social
And economic equality.
Which country’s constitution inspired our leaders to frame indian
constitution ?

Our leaders
Gained confidence to learn from
Other countries, but on our own
Terms. Many of our leaders were
Inspired by the ideals of french
Revolution, the practice of
Parliamentary democracy in britain
And the bill of rights in the us. The
Socialist revolution in russia had
Inspired many indians to think of
Shaping a system based on social
And economic equality.

What was the constituent assembly ?how was it formed?

The drafting of the document called

The constitution was done by an
Assembly of elected representatives called the constituent assembly.
Elections to the constituent
Assembly were held in july 1946. Its
First meeting was held in december
1946. Soon after, the country was
Divided into india and pakistan. The
Constituent assembly was also
Divided into the constituent assembly
Of india and that of pakistan.
How many members were there in the constituent assembly? When did
they complete the work of the constitution ? When did it come to
effect?

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. To mark this day we
Celebrate january 26 as republic
Day every year. The
Constitution does not reflect the
Views of its members alone. It
Expresses a broad consensus of its
Time. Constitution is that the
Constituent assembly represented
The people of india. It waselected mainly by the members of
The existing provincial legislatures
That we mentioned above. This
Ensured a fair geographical share of
Members from all the regions of the
Country. In social
Terms too, the assembly represented
Members from different language
Groups, castes, classes, religions
And occupations. 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.
Is it true that the constitution of india expresses a board consensus of
its time?

Many countries of the world

Have had to rewrite their
Constitution afresh because the
Basic rules were not accepted to all
Major social groups or political
Parties. In some other countries, the
Constitution exists as a mere piece
Of paper. No one actually follows it.
The experience of our constitution
Is different. Over the last half a
Century, several groups have
Questioned some provisions of the
Constitution. But no large social
Group or political party has ever
Questioned the legitimacy of the
Constitution itself. This is an unusual
Achievement for any constitution.
What are the constituent assembly debates? What is there
importance?

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.
What steps were taken by the constituent assembly to form the indian
constitution?

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.
In which two ways can the philosophy of the indian constitution be
understood?

We can
1.understand it by reading the views
Of some of our major leaders on our
Constitution
2. By reading what the
Constitution says about its own
Philosophy.
What is a preamble? What is its importance?

Preamble: an introductory statement in a constitution which states

the
Reasons and guiding values of the constitution
The preamble of the constitution reads like a poem
On democracy. It contains the philosophy on which the
Entire constitution has been built. It provides a standard
To examine and evaluate any law and action of
Government, to find out whether it is good or bad. It is
The soul of the indian constitution.
What are the main features of preamble of indian constitution ?

Sovereign
People have 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. Government
Should regulate the
Ownership of land and
Industry to reduce
Socio-economic
Inequalities.
Secular
Citizens have
Complete freedom to
Follow any religion.
But there is no official
Religion. 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 on the
Grounds of caste,
Religion and gender.
Social inequalities
Have to be reduced.
Government should
Work for the welfare
Of all, especially of
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.
How was the institutional design formed by the indian constitution for
the indian constitution ?

A constitution is
Mainly about embodying these values
Into institutional arrangements.
Much of the document called
Constitution of india is about these
Arrangements. It is a very long and
Detailed document. Therefore it needs
To be amended quite regularly to keep
It updated. So, they(constitution makers) made
Provisions to incorporate changes
From time to time. These changes are
Called constitutional amendments. The constitution describes the
Institutional arrangements in a very
Legal language. Like any
Constitution, the indian
Constitution lays down a procedure
For choosing persons to govern the
Country. It defines who will have how
Much power to take which decisions. And it puts limits to what the
Government can do by providing
Some rights to the citizen that
Cannot be violated.

Important key words

Apartheid: The official policy of racial separation and ill
treatment of blacks
followed by the government of South Africa between 1948 and
1989.
Clause: A distinct section of a document.
Constituent Assembly: An assembly of people’s representatives
that writes
a constitution for a country.
Constitution: Supreme law of a country, containing fundamental
rules
governing the politics and society in a country.
Constitutional amendment: A change in the constitution made by
the
supreme legislative body in a country.
Draft: A preliminary version of a legal document.
Philosophy: The most fundamental principles underlying one’s
thoughts
and actions.
Preamble: An introductory statement in a constitution which states
the
reasons and guiding values of the constitution.
Treason: The offence of attempting to overthrow the government of
the
state to which the offender owes allegiance.
Tryst: A meeting or meeting place that has been agreed upon