Constitutional Design — Complete Study Guide (NCERT Democratic Politics, Ch.

2)

1) Chapter Overview: What a Constitution Does and Why It Matters

 Constitution = the supreme law: It bundles the basic rules everyone—citizens and
government—must follow. It fixes the rights of citizens, the powers and limits of
government, and how government should function.

 This chapter asks:

o Why do we need a constitution?

o How are constitutions written and by whom?

o What values shape democratic constitutions?

o Can a constitution change over time? (Yes—through constitutional amendments.)

 The chapter uses South Africa as a fresh example of constitution-making, then explains how
India’s Constitution was made, what values guide it, and how it frames public and private
life.

2) Case Study: Democratic Constitution in South Africa

2.1 The Apartheid System: A Unique, Racial Order

 Apartheid = legally enforced racial discrimination and segregation created by white

European settlers who became local rulers. It separated people by skin colour: “whites,”
“blacks” (the native majority, roughly three-fourths of the population), “coloured” (mixed),
and people of Indian origin. Non-whites were treated as inferiors and denied voting rights.

 Segregation in daily life: Different trains, buses, taxis, hotels, hospitals, schools/colleges,
libraries, cinemas, theatres, beaches, pools, and even separate public toilets. Blacks could
not live in white areas, could enter them only with permits, and could not even visit white
churches. Forming associations or protesting was banned for blacks.

 Resistance: From the 1950s, blacks, coloureds, and Indians launched marches and strikes.
The African National Congress (ANC) led the broad coalition (including many trade unions
and the Communist Party), and even some whites joined the struggle. The regime
responded with detentions, torture, and killings. Internationally, apartheid was condemned
as unjust and racist.

2.2 Nelson Mandela and the Long Struggle

 Mandela, tried for treason, was sentenced to life imprisonment in 1964 for opposing
apartheid. He spent decades in prison on Robben Island—the text notes 27 years in that
prison and later says he walked free after 28 years; the core message is almost three
decades of incarceration.

2.3 The Transition to Democracy (1990–1994)

 As protests and global pressure mounted, the regime repealed discriminatory laws, lifted
bans on parties, and freed political prisoners. On the midnight of 26 April 1994, South
Africa unfurled a new national flag to mark the birth of a multi-racial democracy.

 Spirit of reconciliation: Black leaders appealed for forgiveness and nation-building on

democratic values, equality (including gender equality), social justice, and human rights.
Former oppressors and freedom fighters sat together to write a common constitution.

 Outcome: After two years of negotiation, South Africa produced one of the world’s most
celebrated constitutions, offering very extensive rights. Its Preamble captures a resolve to
heal past divisions, respect diversity, protect rights, and create a democratic, open society.
South Africans proudly call themselves a “rainbow nation.”

Try it (Reflection)

 What if the black majority had chosen revenge over reconciliation—how would that have
affected democracy? (Use this to grasp why constitutions must build trust and balance
interests.)

Compare: India’s Freedom Struggle vs South Africa’s

 Consider: Nature of colonialism, inter-community relations, leaders and parties

(Gandhi/INC vs Mandela/ANC), and methods of struggle. (Make a two-column table for
similarities/differences—great exam prep.)

3) Why Do We Need a Constitution?

3.1 Solving Deep Conflicts

 In South Africa, blacks wanted majority rule, political equality, and strong social and
economic rights; whites wanted security for property and privileges. After long talks, they
reached a compromise:

o Whites accepted: one person-one vote; majority rule; social and economic rights for
the poor/workers.

o Blacks accepted: majority rule would not be absolute; the property of the white
minority would not be expropriated.

 To implement and protect this trust, they wrote binding rules—a constitution—and made it
supreme, i.e., no future government could ignore or easily change it.

3.2 What a Constitution Does (Core Functions)

1. Generates trust and coordination among diverse groups.

2. Specifies how government is formed and who decides what.

3. Limits government power and guarantees citizens’ rights.

4. Expresses shared aspirations for a good society.

Key point: Not every country with a constitution is democratic, but every democracy has a
constitution. Historic examples include the U.S. after independence and France after the Revolution.
3.3 Constitutions Aren’t Only for Countries

 Clubs, cooperatives, unions, and political parties also need rulebooks (“Rules of
Association”). Check whether they allow non-discriminatory membership and follow
democratic procedures.

4) Making of the Indian Constitution

4.1 The Difficult Context (1946–1950)

 India moved from subjects to citizens amidst the Partition. At least ten lakh (one million)
people were killed in Partition-related violence. The British let princely states choose to join
India, Pakistan, or remain independent, making integration uncertain. The future looked
anxious and fragile.

4.2 A Big Advantage: Pre-Independence Consensus

 Long before 1947, leaders had debated India’s future:

o 1928 Motilal Nehru Draft: an early constitutional proposal.

o 1931 Karachi Resolution: set out core commitments—universal adult franchise,

freedom, equality, and minority rights.

o These ideas built a broad agreement on democratic basics.

4.3 Learning by Doing (Colonial Experience)

 Colonial rule offered limited franchise and weak legislatures (elections in 1937 to Provincial
Legislatures). Indians gained hands-on experience with institutions, easing the design of our
own. Many procedures were adapted from the Government of India Act, 1935.

4.4 Learning from the World—But on India’s Terms

 Influences: French Revolution (liberty, equality, fraternity); British parliamentary practice;

U.S. Bill of Rights; Russian socialist ideas about social/economic equality. Yet the framers
questioned suitability for India and adapted rather than copied.

4.5 The Constituent Assembly: Composition, Work, and Timeline

 Elections to the Assembly: July 1946; first sitting: December 1946; after Partition, the
Assembly split between India and Pakistan. India’s Assembly had 299 members.

 Adoption: 26 November 1949; in force: 26 January 1950—celebrated as Republic Day.

 Why accept the 1946–50 Constitution today?

1. It expressed a broad national consensus of its time, not just the framers’ views.
Unlike many countries that had to rewrite constitutions, India’s has enjoyed deep
legitimacy—even when groups questioned specific provisions, they did not reject
the Constitution itself.

2. The Assembly represented India: members were chosen indirectly via Provincial
Legislatures, ensuring regional spread; while the Congress dominated, it contained
varied opinions, and other parties/leaders were present. Socially, it included diverse
languages, castes, classes, religions, and occupations—a composition similar to
what universal franchise would likely have produced.

 How the Assembly worked (process = legitimacy):

o Agreed basic principles first, then a Drafting Committee under Dr. B. R. Ambedkar
prepared the Draft Constitution.

o Held clause-by-clause debates across 114 sitting days over three years, considering
2000+ amendments.

o Preserved a complete record: 12 volumes of Constituent Assembly Debates, used

even today to interpret constitutional meaning.

4.6 Key Personalities (for quick recall)

 Dr. B. R. Ambedkar — Chair, Drafting Committee; jurist, social revolutionary; later Law
Minister; founded Republican Party of India.

 Dr. Rajendra Prasad — President of the Constituent Assembly; later India’s first President.

 Sardar Vallabhbhai Patel — Integrated princely states; later Deputy PM.

 Abul Kalam Azad — Educationist; opposed communal separatism; later Education Minister.

 T. T. Krishnamachari — Drafting Committee member; later Finance Minister.

 H. C. Mookherjee — Vice-Chairman of the Assembly; later Governor of West Bengal.

 Jaipal Singh — Adivasi leader; founder of Jharkhand Party.

 Baldev Singh — Later Defence Minister.

 Durgabai Deshmukh — Social reformer; later founded Central Social Welfare Board.

 Shyama Prasad Mukherjee — Later founded Bharatiya Jana Sangh.

 K. M. Munshi — Scholar, minister, later founded Swatantra Party.

 Jawaharlal Nehru — PM of Interim Govt; later India’s first PM.

 Sarojini Naidu — Poet-leader; later Governor of U.P.

 Somnath Lahiri — Communist leader; later MLA in West Bengal.

Activity idea: Research a member from your state who’s not listed here; write a brief note in the
same format.

5) Guiding Values of the Indian Constitution — “The Dream and the Promise”

5.1 Three Voices that Frame the Constitutional Soul

 Mahatma Gandhi (1931, Young India): Wanted a constitution that ends thralldom and
patronage; gives the poorest a real voice; abolishes high/low classes and untouchability;
curbs intoxicants; ensures equal rights for women—nothing less. (Gandhi was not in the
Assembly, but many members followed his vision.)
 Dr. B. R. Ambedkar (Concluding speech): Warned of a “life of contradictions”—political
equality (one person, one vote) vs social and economic inequality persisting in society. If we
don’t tackle social/economic inequality, political democracy is in peril.

 Jawaharlal Nehru (15 Aug 1947): In “Tryst with Destiny”, pledged service to India and
humanity; emphasized responsibility, ending poverty, ignorance, disease, and unequal
opportunity; and the aspiration to “wipe every tear from every eye.”

Quick compare: All three stress equality and human dignity; they differ in tone—Gandhi’s moral-
social vision, Ambedkar’s structural warning, Nehru’s historic pledge and call to action.

6) The Preamble: India’s Foundational Commitments

6.1 What is a Preamble?

 A short preface stating basic values. It guides interpretation of the entire Constitution and
gives a standard to judge laws and executive actions—often called the “soul” of the
Constitution. Many modern constitutions follow the U.S. example of starting with a
preamble.

6.2 Key Words in India’s Preamble (Meaning in the Chapter)

 We, the People of India: The Constitution is made by the people through their
representatives—not given by a monarch or external power.

 Sovereign: India has supreme authority in internal and external matters; no outside power
can dictate.

 Socialist: Wealth is socially generated, should be fairly shared; the state may regulate
ownership (land/industry) to reduce inequality. (Added in the 42nd Amendment, 1976.)

 Secular: No state religion; citizens have full religious freedom; the state equally respects all
faiths. (Added in the 42nd Amendment, 1976.)

 Democratic: People enjoy equal political rights, elect rulers, hold them accountable;
government works under basic rules (constitutionalism).

 Republic: The head of state is elected, not hereditary.

 Justice: No discrimination by caste, religion, gender; reduce social inequalities; work for the
welfare of all, especially disadvantaged groups.

 Liberty: No unreasonable restrictions on thought, expression, belief, faith, or action.

 Equality: Equal before law, end traditional inequalities, ensure equal opportunity.

 Fraternity: Behave as one family; no one should be treated as inferior.

6.3 Preambles Compared (U.S., India, South Africa)

 All three stress forming a just, democratic order grounded in popular sovereignty (“We the
people”).
 A notable difference: South Africa’s Preamble explicitly recalls past injustices and pledges to
heal divisions and improve quality of life; it also includes multilingual invocations including
“God bless South Africa.” India’s Preamble does not invoke God.

7) Constitution = Values + Institutions (Design & Amendments)

 A constitution embodies values through institutions. India’s is long and detailed, written in a
legal style, and therefore requires regular amendments to stay current with people’s
aspirations and social change. The framers did not treat it as static or sacred; they provided
for constitutional amendments.

 At its core, the Constitution:

o Explains how leaders are chosen,

o Distributes powers, and

o Limits the state, protecting basic rights that cannot be violated.

 Later chapters in the textbook unpack these institutional features (representation,

executive/legislature/judiciary, rights, federalism, etc.).

8) Glossary (from the Chapter, simplified)

 Apartheid: Official policy (South Africa, 1948–1989) of racial separation and oppression of
blacks.

 Clause: A distinct section in a legal document.

 Constituent Assembly: Elected representatives who draft a constitution.

 Constitution: The supreme law setting the rules for politics and society.

 Constitutional amendment: A formal change to the Constitution, made by the supreme

legislature.

 Draft: A preliminary version of a legal document.

 Philosophy: Fundamental principles and ideas behind actions/laws.

 Preamble: Introductory statement of reasons and values in a constitution.

 Treason: Offence of trying to overthrow one’s government.

 Tryst: A pre-arranged meeting (used metaphorically by Nehru).

9) Practice & Self-Check (Adapted from the Chapter)

Use these for revision; answer in your own words with examples.

1. Spot & Correct the false statements:

a) Freedom movement leaders were unsure about democracy after independence.
b) All Assembly members held the same views on every provision.
c) Any country with a constitution is automatically a democracy.
d) The Constitution cannot be amended because it is supreme.

2. South Africa’s core conflict during constitution-making was between which groups? (Choose
the most accurate pairing.)

3. What a constitution usually does not contain (identify the odd one out): powers of head of
state, name of head of state, powers of legislature, name of country.

4. Match the leader to the role: Motilal Nehru; B. R. Ambedkar; Rajendra Prasad; Sarojini
Naidu ↔ (Prepared 1928 draft, Chaired Drafting Committee, President of Assembly,
Member of Assembly).

5. Nehru’s “Tryst with Destiny”:

a) Why “not wholly or in full measure”?
b) What pledge did Nehru want the Assembly to take?
c) Who is “the greatest man of our generation”? (Explain.)

6. Guiding values—match: Sovereign, Republic, Fraternity, Secular ↔ People’s supreme right

to decide; elected head of state; brotherhood; equal respect for all religions.

7. Constitution Day (Nov 26): Draft a short report on how your school observed it.

8. What made India a democracy? Evaluate:

a) British institutional legacy,
b) Freedom Struggle’s anti-colonial values,
c) Leaders’ democratic convictions. (Weigh each.)

9. 1912 conduct book for married women calls women “fragile” and “destined” for male
protection. Does this align with constitutional values (equality, liberty, dignity)? Explain.

10. True/Not true—justify:

a) Constitutional rules have the same authority as ordinary laws.
b) The Constitution lays down how government organs are formed.
c) It fixes citizens’ rights and limits government power.
d) A constitution is about institutions, not values.

10) High-Yield Facts & Numbers (Quick Recall)

 South Africa: Apartheid = legal segregation; ANC led struggle; Mandela sentenced 1964;
imprisoned nearly three decades on Robben Island; new flag and democracy 26 April 1994;
spirit of forgiveness; widely praised Constitution with extensive rights; “rainbow nation.”

 Why constitutions? Build trust, define procedures/powers, limit government, enshrine

rights, express aspirations.

 Indian Constitution:

o Context: Partition, 10 lakh killed, princely states to integrate.

o Pre-consensus: 1928 Motilal Nehru draft; 1931 Karachi Resolution (franchise,

freedoms, equality, minority rights).
o Institutions: GOI Act 1935 influence; 1937 elections experience; learning from
France, Britain, U.S., Russia (adapted).

o Constituent Assembly: Elections July 1946; first meet Dec 1946; 299 members;
adopted 26 Nov 1949; in force 26 Jan 1950 (Republic Day). 114 sitting days, 2000+
amendments, 12 volumes of debates.

o Legitimacy: Broad, enduring acceptance; diverse representation; open, consensual

working.

 Preamble: We the People; Sovereign, Socialist, Secular, Democratic, Republic**; Justice,

Liberty, Equality, Fraternity (added by 42nd Amendment, 1976). Acts as the interpretive
compass of the Constitution.

11) Exam-Style Pointers & Typical Mistakes

 Don’t confuse democracy requires a constitution (true) with any constitution means
democracy (false).

 Preamble terms: Be precise (e.g., Republic = elected head of state; Sovereign = no external
control).

 Process details matter: dates (1946–1950), 114 days, 2000+ amendments, 12 volumes—
easy MCQ targets.

 Value vs institution: The chapter distinguishes values (Preamble) and institutions (design +
amendments). Know both.

12) Mini-Notes You Can Memorize

 Four roles of a constitution: Trust, Structure, Limits/Rights, Aspirations.

 Three voices: Gandhi (social justice + women’s equality), Ambedkar (end contradictions),
Nehru (pledge to serve & end deprivation).

 India’s timeline: July ’46 → Dec ’46 → 26 Nov ’49 → 26 Jan ’50.

 Preamble essentials: We the People; Sovereign; Socialist; Secular; Democratic; Republic;

Justice; Liberty; Equality; Fraternity.

Done!

If you’d like, I can also package these notes as a neatly formatted PDF/Word file with a cover page
and a revision checklist—just say the word.