Class 9 Political Science ( Civics ) Chapter 2 Constitutional Design Notes
Chapter = 2
Constitutional Design
Constitution :-
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 CONSTITUITON 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.
Blacks 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 :-
Nelson 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 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.
MAKING OF THE INDIAN CONSTITUTION :-
The Indian Constitution was made under difficult circumstances.
It was not an easy task to make the constitution For a huge and diverse country
like India.
Partition on the religious basis had killed people on both sides of the border,
The merger of the princely states was a tough and uncertain task.
The future of the country did not look as secure as it does today.
The Constitution makers were anxious about the present and future of nation.
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 in Britain
and the Bill of Rights in the U.S.
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
299 members.
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 50
years 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.
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 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 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 inequlities.
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.