Class 9th: Political Science- Constitutional Design
Content:-
Democratic constitution in South Africa
Struggle against apartheid
Toward a new Constitution
Why do we need a Constitution?
Making of the Indian Constitution
The path to Constitution
The constituent assembly
Leader of constituent assembly
Guiding values of the Indian Constitution
The Dream and the Promise
Philosophy of the Constitution – Preamble
Institutional design
Democratic Constitution in South Africa:-
Background –
Nelson Mandela, the South African leader of African National Congress, fought a
long Battle against Apartheid.
Imprisoned for 28 years (1964–1992) emerged as the First President of the
Republic of South-Africa.
People struggled against the horrible discrimination practised against them by
the white minority rulers.
Apartheid finally defeated in 1994 and a new constitution made in 1996.
Black leaders appealed fellow blacks to forgive white.
Remarkable constitution, forgot past sufferings, sought co-operation of all the
races which make S. Africa based on equality, democratic values and social
justice.
Struggle Against Apartheid-
Apartheid: A system of racial discrimination promoted by the white
government, the system of apartheid divided the people and labelled them on
the basis of their skin colour.
The white rulers treated all nonwhites as inferiors. The non-whites did not have
voting rights.
The apartheid system was particularly oppressive for the blacks.
How?
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.
i.e. Policy of Segregation
They could not even visit the churches where the whites worshipped.
Blacks could not form associations or protest against the terrible treatment.
Role of ANC (African National Congress) in ending apartheid-
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.
The protests and struggles against apartheid had increased, the government
realised that they could no longer keep the blacks under their rule through
repression.
Impact-
South Africa got independence from the discriminatory system.
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.
The apartheid government came to an end, paving way for the formation of a
multi-racial government.
Towards a new Constitution –
Constitution of South Africa
Black leaders appealed to fellow blacks to forgive the whites for the
atrocities they had committed while in power.
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.
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.
Why do we need a Constitution?
Constitution- 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 (Functions/Need of Constitution):
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.
Fourth, it expresses the aspirations of the people about creating a good society.
“All countries that have constitutions are not necessarily democratic. But all
countries that are democratic will have constitutions.”
Making of the Indian Constitution:-
The situations under which Indian Constitution was made-
It was not easy for the constitution makers, India’s Constitution was also drawn up
under very difficult circumstances.
The people of India were emerging from the status of subjects to that of
citizens.
The country was born through a partition on the basis of religious differences.
At least ten lakh people were killed on both sides of the border in partition
related violence.
The British had left it to the rulers of the princely states to decide whether
they wanted to merge with India or with Pakistan or remain independent.
“When the constitution was being written, the future of the country did not look as
secure as It does today.”
The Path to Constitution-
The process began during the national struggle for freedom.
First draft 1928, then 1931. Moti lal Nehru and 8 leaders demanded in the draft :
Universal adult franchise, social justice, right to freedom and liberty.
Participation in Provincial Legislatures helped Indians in framing their constitution.
Leaders inspired by French Revolution, British parliamentary system and the Bill of
Rights of the US.
They also learnt what the British were denying Indian citizens.
The Constituent Assembly –
