CONSTITUTIONAL DESIGN LECTURE 2

Making Of Indian Constituion

The Constitution of a country is a set of written rules that
are accepted by all people living in a country.
Functions of the Constitution:-
• It generates a degree of trust and coordination
between people that is necessary for the different kinds
of people living together.
• It specifies how the government will be constituted and
who will have power to make which decisions.
• It lays down limits to the power of the government and
also specifies the rights of the citizens.
• It also expresses the aspirations of the people about
creating a good society.
Circumstances at the time of making of the Indian Constitution :

• India was still the colony of the Britain.

•Partition of the country on religious basis.
• Large scale violence; at least 10 lakh people were
killed.
• Refugee problem
• Merger of the princely states.
• Economically a poor country
Beginning of the making of
Indian Constitution
❖ In 1928, Motilal Nehru and eight other Congress leaders drafted a
constitution for India.

❖ At the Karachi session of the Indian National Congress in 1931, the

leaders decided on how the Indian Constitution should look like.

❖ Universal Adult Franchise, Rights to freedom and equality, Rights of

minorities, etc., were some important topics discussed in both these
documents.

❖ Many of our leaders were inspired by the ideals of the French

Revolution, the Socialist Revolution of Russia, the practice of
parliamentary democracy Britain and the Bill of Rights in the
THE CONSTITUENT ASSEMBLY:-

The drafting of the Constitution was done by an assembly

of elected representatives called the Constituent
Assembly.
THE CONSTITUENT ASSEMBLY
OF INDIA :-
• The constitution of India was written by the Constituent
Assembly comprising 299members.
• It was adopted on November 26, 1949.
• Dr. B. R. Ambedkar was the chairman of the Drafting
Committee.
• Dr. Rajendra Prasad was the President of the
Constituent Assembly
DRAFTING COMMITTEE:-

A Drafting Committee under the Chairmanship of Dr. BR

Ambedkar, prepared a Draft Constitution for discussion.

• Every document presented and every word spoken in

the Constituent Assembly has been recorded and
preserved.
Indian Constitution fully
Implemented :-
The Constitution of India was implemented on January 26, 1950. To mark
this day we celebrate January 26, as Republic Day every year.

LEGITIMACY OF INDIAN CONSTITUTION :-

• We accepted the Constitution made by the Constituent Assembly
more than 50years ago.
• The Constitution does not reflect the view of its members alone, it
expresses a broad consensus of its time.
No large social group or political party has ever questioned its
legitimacy.
• The Constituent Assembly represented members from different
language groups, castes, classes, religions and occupations.
3 Important features of Indian
constitution:-
• Our constitution is the longest known constitution.
• It has been drawn from different sources and from several
constitution of the world.
• Our constitution is more flexible than rigid.
Required constitutional amendments can be incorporated.
• Provision of Fundamental rights and Fundamental duties.
• Provision of universal adult franchise.
• Parliamentary form of government
• Federal structure Independent judiciary
Amendment :
It is a term which means change or modification. It is used
in connection with changes made in the constitution of a
country.

Treason:

the crime of betraying one's country.

CONSTITUTIONAL AMENDMENTS:-

❖ As Constitution is a highly detailed document, it needs to be

amended regularly to keep it up to date with the changing
times.

❖ Those who made the constitution thought that it must be in

accordance with people's aspirations and
changes in society.

❖ So, the makers of the constitution made a provision for

making such amendments to the constitution from time to
time. These changes are called Constitutional Amendments.
Preamble:-
The Preamble is an introduction to the constitution which
contains the ideas and basic principles of the Indian
Constitution.
Purpose of the Preamble:

• It indicates the source from which the Constitution derives its

authority. (We, the people of India.)

• It states the objectives of the Constitution.

• It provides a standard to examine and evaluate any law and

action of government, to find out whether it is good or bad.
Philosophy of Indian Constitution :-
• We, the People of India
• Sovereign
• Socialist
• Secular
• Democratic
• Republic
• Justice
• Liberty
• Equality
• Fraternity
We 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 power.
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 should be shared
equally by society. Government should regulate the
ownership of land and industry to reduce socio-economic
inequities.
Secular:- Citizen 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. We 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.
9THCivics
Constitutional Design l1
Constitutional Design
❖ The constitution of a country is set of written rules that
are accepted by all people living together.

❖ Constitution is the supreme law that determines the

relationship among citizens and also between the
citizens and government.
Apartheid
❖ Apartheid was the name of a system of racial
discrimination unique to South Africa.

❖ The system of apartheid divided the people and

labeled them on the basis of their skin colour.
Democratic Constitution in South Africa:
❖ After a long struggle for freedom, South Africa
became independent and got its democratic
constitution.

❖ NELSON MANDELA not only fought for freedom,

but also for rights and equality BLACKS
and WHITE people.

❖ Along with seven other leaders he was

sentenced life imprisonment in 1964 for daring to
oppose Apartheid regime.

❖ He spent the next 28 years in South Africa's most

dreaded prison, Robben Island.
Apartheid in South Africa:

Black and White natives During the 17th and 18th

centuries, the trading companies from Europe occupied
South Africa with arms and force.

❖ A large number of whites settled in South Africa and

became the local rulers.
❖ Due to this settlement of whites, the system of apartheid
divided the people on the basis of their skin colour.
Black Banned Under Apartheid Policy:

❖ The non-whites did not have voting rights and they were
not allowed to live in white areas.

❖ Trains, buses, taxis, hotels, hospitals, schools, colleges,

libraries, cinema halls, theatres, beaches, swimming
pools, public toilets, etc., were all separate for the
whites and blacks. This was known as Segregation.
Formation of African National Congress:

• Since 1950, the Blacks, coloured and Indians fought

against the Apartheid.

• They launched protest marches and strikes. The African

National Congress (ANC), led the movement.

• Many workers' unions, Communist Party and sensitive

whites joined the ANC to oppose apartheid.
Towards A New Constitution

As protests and struggles increased, the white rulers realised that they
could no longer keep the Blacks under their rule by limiting freedoms of
blacks. After spending 28 years in jail, Nelson Mandela became a free
prison.

• Finally at the midnight of 26h April, 1994, the new democratic state of
the Republic of South Africa emerged. The apartheid government came
to an end paving way for the formation of a multi- racial government.
• Mandela became the first Black President of South Africa.
• The Black leaders appealed to fellow blacks to forgive the Whites for
their cruel treatment and after debates and discussions of two years, the
Blacks and Whites sat together and made one of the finest Constitutions
of the world.
• Now, South Africa is seen as a model of democracy.
About Nelson Mandela

Mandela was one of the most able, efficient and far-

sighted leaders of the African National Congress.

• It was under his leadership that the struggle against

apartheid reached its climax.

• Due to the participation in the movement against

apartheid he was sentenced to life imprisonment in 1964.
He spent the next 28 years in prison.

In 1994, he was elected the President of South Africa.

Autobiography written by Nelson Mandela

The name of the autobiography written by Nelson

Mandela is' Long Walk to Freedom
Why Do We Need a Constitution ?

• To form a democratic government and decide its

functions.

• To decide the jurisdiction of various organs of the

government.

• To build a good society.

• To prevent the government from abusing its powers.

• To secure the rights of citizens.

CONSTITUTION: A SET OF WRITTEN RULES:-

• The Constitution of a country is a set of written rules that

are accepted by all people living in a country.
Functions of the Constitution:-

❖ It generates a degree of trust and coordination

between people that is necessary for the different kinds
of people living together.
❖ It specifies how the government will be constituted
and who will have power to make which decisions.
❖ It lays down limits to the power of the government and
also specifies the rights of the citizens.
❖ It also expresses the aspirations of the people about
creating a good society.
ASSSIGNMENT OF WHAT IS DEMOCRACY AND WHY DEMOCRACY
1. Democracy must be based on
(a) Coalition (b) Free and fair election (c) One Party System (d) All of these

2. 'One person, one vote' means:

(a) All person must vote for one person (b) Each person has one vote and each vote has one value
(c) Each person can vote only once in his life (d) One family has one vote.

3. Democracy is better than other forms of government because

(a) It helps in taking right decisions at right time. (b) It allows us to correct its own mistakes.
(c) It guarantees that mistakes cannot be made in democracy. (d) None of these

4. In the question given below, there are two statements marked as Assertion (A) and Reason (R). Read the
statements and choose the correct option.
Assertion (A): Multiparty democracy leads to a better quality of life.
Reason (R): Opposition parties can draw attention to the inefficiencies of the government.

(a) Both A and R are true and R is the correct explanation of A.

(b) Both A and R are true but R is not the correct explanation of A.
(c) A is correct but R is incorrect.
(d) A is incorrect but R is correct.

SA Type Questions (3 Marks)

1. Explain with an example how popular government can be undemocratic and popular (c) leader can be
autocratic.
2. Mention three essential features of democracy.
3. Democracy provides a method to deal with differences and conflicts. Explain.
4. What is the role of citizens in a democracy?

LA Type Questions (5 Marks)

1. Compare the features of democratic and non-democratic governments.
2. Describe the arguments against democracy.
ASSIGNMENT OF PEOPLE AS A RESOURCES

Q1: Which of the following is an example of economic activity?

A. A mother cooking for her family B. A teacher teaching in school
C. A student studying at home D. A retired person gardening

2. Which sector is the largest employer in India?

A. Industrial sector B. Agricultural sector C. Service sector D. Education sector

3. Which two factors are most important for the development of human capital?
A. Food and shelter B. Health and education C. Wealth and land D. Power and status

4. Which of the following is a part of the secondary sector?

A. Dairy farming B. Mining C. Manufacturing D. Banking

Instructions: Read the following questions carefully. Each question consists of two
statements an Assertion (A) and a Reason (R). Choose the correct option from below:
Options:
A. Both A and R are true, and R is the correct explanation of A.
B. Both A and R are true, 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.

5. Assertion (A): Investment in human capital leads to higher income.

Reason (R): Educated and healthy people contribute more effectively to the economy.

6. Assertion (A): Disguised unemployment is commonly found in urban areas.

Reason (R): Urban areas have more population than rural areas.

7. Assertion (A): Primary sector is the largest employer in India.

Reason (R): A large portion of India's population depends on agriculture for livelihood.

8. Distance between market and non-market activities.

9. Explain the two type of unemployment prevalent in rural areas.
10. Differentiate between organised and unorganised sector
11. Differentiate between economic and non-economic activities.

12. Read the source given below and answer the question that follows.
People as resource is a way of referring to a country's working people in terms of their
existing productive skills and abilities. Looking at the population from this productive
aspect emphasizes its ability to contribute to the creation of the Gross National Product.
Like other resources, the population also is a resource a 'human resource'. This is the
positive side of a large population that is often overlooked when we look only at the
negative side - - considering only the problems of providing food, education and health
facilities to people.

Questions:
What does the term 'People as Resource' mean?
How does population contribute to Gross National Product (GNP)?
Why is the population considered a resource?