CONSTITUTIONAL

DESIGN
 CHAPTER PROGRESS

1 INTRODUCTION

DEMOCRATIC CONSTITUTION IN
2
SOUTH AFRICA

MAKING OF THE INDIAN

3
CONSTITUTION

GUIDING VALUES OF THE INDIAN

4
CONSTITUTION
 INTRODUCTION
In a democracy the rulers are not free to do
what they like.

There are certain basic rules that the

citizens and the government have to follow.

All such rules together are called

CONSTITUTION.
For a long time, South Africans suffered
atrocities by the White European rulers.

Nelson Mandela fought against the oppressive

regime.

He and seven other leaders were sentenced to

life imprisonment in 1964 for opposing the
apartheid regime in his country.

He spent 28 years in South Africa’s most feared

prison- Robben Island.
 WHAT IS
APARTHEID?

A system of racial discrimination unique to

South Africa. It divided the people and labeled
them on the basis of their skin color.
 Who imposed this system?- The White
Europeans.

Where was the system imposed?- The White

Europeans imposed this system on South
Africa.

During the 17th & 18th centuries, the trading companies

from Europe occupied it with arms and force, in the
way they occupied India.

But unlike India, a large number of

‘whites’ had settled in South Africa and
became the local rulers.
System divided and labelled people on the basis
of their skin colour.

The native people of South Africa are black in

colour.

They made up about 3/4th 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

non-whites as inferiors.
A sign board
emblematic of the
tense relations of
the apartheid
era, 1953.
Sign on Durban
beach in English,
Afrikaans and Zulu
InEnglish it reads:

‘CITY OF DURBAN
under section 37 of
the Durban beach
by-laws, this
bathing area is
reserved for the
sole use of
members of the
white race group.’
 Partiality faced by South Africans

Non-white people had no They were forbidden to

voting rights live in white areas

They could only work in Blacks could not even

white areas if permitted visit churches to worship

Cannot form
All public facilities &
associations or protest
places were separate for
against the terrible
whites and blacks
treatment.

This was called segregation.

 Several countries
denounced apartheid as
unjust and racist. But the
white racist government Since 1950, the blacks,
continued to rule by coloured and Indian
detaining, torturing and launched protest marches
killing thousands of black and strikes. The African
and coloured people. National Congress (ANC)
was the umbrella
organisation that led the
struggle against the policies
of segregation.
TOWARDS A NEW
CONSTITUTION
● The movement against apartheid led by
ANC grew.

● The government was compelled to change

the discriminatory laws.

● Finally, at midnight of 26 April 1994, the

new national flag of the Republic of South
Africa was unfurled, marking the era of the
evolving democracy in the world.
The apartheid government came to an end, paving
way for the formation of a multi-race government.

Mandela (First President of South Africa) speaking

on extraordinary transition of South Africa:
- After the emergence of the new
- democratic
After the emergence
South Africa,of the new
black leaders
democratic
appealed Southblacks
to fellow Africa,toblack leaders
forgive the
appealed
whites to atrocities
for the fellow blacks
theytohad
forgive the
whites forwhile
committed the atrocities
in power. they had
committed while in power.
- The leaders wanted to build up a new
- South
The leaders wanted
Africa based ontoequality
build up ofaall
newraces
and men and women, on democratic races
South Africa based on equality of all
and men
values, and
social women,
justice andonhuman
democratic
rights.
values, social justice and human rights.
- The party that ruled through oppression
- and
Thebrutal
partykillings
that ruled
andthrough
the party oppression
that led
and brutal killings and the
the freedom struggle sat together toparty that led
draw
upthe freedom constitution.
a common 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 past.

● The preamble to the South African

Constitution sums up this spirit.
 Equality of Races

● The South African constitution was an

inspiration for all the democrats in the
world.

● A state denounced by the entire world till

1994 as the most undemocratic one is now
seen as a model of democracy.

● What made this change possible was the

determination of the people of South
Africa to work together, to transform
bitter experiences into the binding glue
of a rainbow nation.
WHY DO WE NEED A NEW
CONSTITUTION?
 The South African example is a good way
to understand why we need a constitution
and what do constitutions do.
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.

After long negotiations both parties agreed to a

compromised.
The Whites Agreed to the followings:

● The Principle of majority rule and that

of one person one vote.

● Also accepted some basic rights for the

poor and the workers.
 The Blacks Agreed to the followings:

● The majority rule would not be absolute.

● They agreed that the majority would not

take away the property of the white
minority.
How was this compromise going
How was this
to be compromise going
implemented?
to be implemented?
 Formulation of RULES

➔ The only way to build and maintain trust in such a

situation is to write down some rules of the game
that everyone would abide by.

➔ These rules lay down how the rulers are to be chosen

in future.

➔ These rules also determine what the elected

governments are empowered to do and what they
cannot do.

➔ Finally these rules decide the rights of the citizen.

➔ These rules will work only if the winner cannot

change them very easily.
This is what the South Africans
This
did.is what
They the South
agreed Africans
on some
did. They
basicagreed
rules. on some
basic rules.
They also agreed that these
They
rules also
will agreed that
be supreme, these
that no
government will be able to no
rules will be supreme, that
government will be able to
ignore these.
ignore these.
This set of basic rules is called
This seta of basic rules is called
constitution.
a constitution.
Constitution making is not unique to South
Africa. Every country has diverse groups of
people.

All over the world people have differences of

opinion and interests. Whether democratic or
not, most countries in the world need to have
these basic rules.

This applies not just to governments. Any

association needs to have its constitution.

It could be a club in your area, a cooperative

society or a political party, they all need a
constitution.
WHAT IS A CONSTITUTION?

ROLE OF CONSTITUTION
 What is a Constitution?
● It is a set of written rules that are
accepted by all people living together in a
country.

● It is the supreme law.

● Determines the relationship among

people living in a territory (called citizens)
& also the relationship between the
people & government.
 ROLE OF CONSTITUTION

1. Generates a 2. Specifies how the

degree of trust & government will be
coordination that is constituted, who will
necessary for have power to take
different kind of which decisions.
people to live
together.

3. Lays down limits on 4. Expresses the

the powers of the aspirations of the
government & tells us people about
what the rights of the creating a good
citizens are. society.
 All the countries that have Constitutions are not
necessarily democratic.

But all countries that are democratic will have

constitutions.

After the War of Independence against Great Britain,

the Americans gave themselves a constitution.

After the Revolution, the French people approved a

democratic constitution.

Since then it has become a practice in all

democracies to have a written constitution.
● India’s Constitution was also drawn up under
very difficult circumstances.

● The making of the constitution for a huge &

diverse country like India was not an easy
affair.

● At that time the people of India were

emerging from the status of subjects to that
of citizens.

● India was born through a partition on the

basis of religious differences.

● At least 10 lakh people were killed in partition

related violence.
Another Problem in Making Indian Constitution

● The British left rulers of princely states to decide

either to merge with Pakistan or with India or
remain independent.

● The merger of these princely states was a difficult

& uncertain task.

● When the constitution was being written, the

future of the country did not look as secure as it
does today.

● The makers of the constitution had anxieties

about the present and the future of the country.
THE PATH TO THE CONSTITUTION

Despite all these difficulties, there was

one big advantage for the markers of
the Indian Constitution.

Unlike South Africa, they did not have

a create a consensus about what a
democratic India should look like.
Much of this consensus had evolved during the freedom
struggle.

Our national movement was not merely a struggle

against a foreign rule. It was also a struggle to
rejuvenate our country and to transform our society and
politics.

There were sharp differences of opinion within the

freedom struggle about the path India should take after
Independence.

Such differences exist even today. Yet some basic ideas

had come to be accepted by almost everyone.
In 1928, Motilal Nehru and 8 other Congress leaders
drafted a Constitution for India.

At the Karachi Session of the INC in 1931, the leaders

decided how the Constitution should look like.

Both these documents were committed to include:

Universal Adult Right to Freedom

Franchise & Equality

Protecting the
Rights of Minorities
Thus some basic values were
accepted by all leaders
much before the Constituent
Assembly met to deliberate
on the Constitution.
The familiarity with political institutions of
colonial era helped Indians in developing their
own institutional designs.

The British had introduced a feeble legislation-

As it had given voting rights only to a few.

Elections were held in 1937 to Provincial

Legislatures and Ministries all over British
India.

But the experience gained by the Indians in the

working of the legislative institutions proved to
be very useful for the country in setting up its
own institutions and working in them.

The British era legislation like Government of

India Act, 1935 was largely followed in making of
Indian Constitution.
 Years of thinking and deliberation
on the framework of the constitution
had another benefit. Our leaders
gained confidence to learn from
other countries, but on our own
terms.
 SOURCES OF INDIAN CONSTITUTION

Government of India Act, 1935

FRANCE: Ideals of French Revolution

BRITAIN: Practice of parliamentary

democracy

USA: The Bill of Rights

RUSSIA: Socialism
THE CONSTITUENT
ASSEMBLY
● Drafting of the Constitution done by an assembly
of elected representatives called the Constituent
Assembly.

● Elections to Constituent Assembly held in, July

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.

● Its first meeting was held in December 1946.

● The Assembly has 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.
How was
Whythis compromise
should going
we accept the
to be implemented?
Constitution made by this Assembly
more than six decades ago?
1. The Constitution does not reflect the views of its
members alone, but expresses a broad consensus
of its time.

Many countries of the world have had to rewrite their

Constitution afresh because the basic rules were not
acceptable 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.
2. The Constituent Assembly represented the
people of India. There was no universal adult
franchise at that time.

The Constituent Assembly could not have been chosen

directly by all the people of India.

The Assembly was elected mainly by the members of the

existing Provincial Legislatures, in order to ensure fair
geographical share of members from all the regions of
the country.

Assembly dominated by the Indian National Congress,

which itself included a variety of political groups and
opinions.

In social terms too, the Assembly represented members

from different language groups, castes, classes, religions
and occupations.
3. The manner of working of Constituent Assembly
gave sanctity to the Constitution.

Assembly worked in a systematic, open & consensual

manner.

The Constitution reflects the best minds of the

country. Its members represented mini-India. Every
clause was debated before arriving at consensus. It
is the longest written constitution.
 WORKING OF CONSTITUENT ASSEMBLY

● First some basic principles were decided & agreed

upon.

● Then a Drafting Committee chaired by Dr. B.R.

Ambedkar prepared a draft constitution for
discussion.

● Thorough discussion took place & more than 2,000

amendments were considered.

● Members deliberated for 114 days spread over three

years.
 Constituent Assembly Debates

Every document presented & every word

spoken in the Constituent Assembly has been
recorded and preserved. 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.
GUIDING VALUES OF THE
INDIAN CONSTITUTION
 Philosophy of the Constitution can be
understood in the following two ways:

1. By reading the views of some of our

major leaders on our Constitution.

2. By reading the Constitutional

philosophy- Preamble of the Constitution.
 The Dream and The Promise

Mahatma Gandhi was not the member of Constituent

Assembly.

Yet there were many members who followed his vision.

In his magazine “Young India”, 1931- he expressed

himself that he wanted to frame the Constitution that
provided:

➔ Elimination of inequality, untouchability;

➔ Prohibition of drinks & drugs;

➔ Equal right for women.

➔ Harmony among country men.

 Dr. B.R. Ambedkar
● Played a key role in the making of the Constitution but
he had a different understanding of how inequalities
could be removed.

● He often bitterly criticised Mahatma Gandhi and his

vision.

● In his concluding speech to the Constituent Assembly

he stated his anxiety very clearly.
 Jawaharlal Nehru
● He gave his final speech “Tryst with Destiny” to
the Constituent Assembly at the stroke of
midnight on 15 August 1947.

● In his speech he wanted equality of opportunity

to all, end of poverty and ignorance and control
of diseases. He wanted all responsible person to
dedicate themselves to the service of society.
PHILOSOPHY OF THE
CONSTITUTION
Values that inspired & guided the freedom struggle
formed the foundation for India’s democracy.

These values are embedded in the Preamble of the

Indian Constitution.

They guide all the articles of the Indian Constitution.

The Constitution begins with a short

statement of its basic values, known as the
Preamble to the Constitution.
 The concept of Preamble
is inspired from American
model.

In contemporary world
most of the countries have
chosen to begin their
constitutions with a
preamble.
 PREAMBLE

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 Constitution.

 WE THE PEOPLE OF INDIA
The Constitution has been drawn up & enacted by the
people through their representatives, & 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 & 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 & practices with equal respect.

Note: “The terms ‘Socialist’ and ‘Secular’ were added in

Preamble through the 42nd Constitutional Amendment
in 1976.
 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
No discrimination on grounds of caste, religion &
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.
INSTITUTIONAL DESIGN
● A constitution is not merely a statement
of values & philosophy.

● It is mainly about embodying these values

into institutional arrangements.

● Indian Constitution is very long &

detailed document. Therefore it needs to
be amended quite regularly to keep it
updated.

● Constitutional Amendment - Indian

Constitution makers felt that it has to be
in accordance with people’s aspirations &
changes in society. They did not see it as
a sacred, static & unalterable law. So, they
made provisions to incorporate changes
from time to time.
The Constitution describes the
institutional arrangements in a very legal
language.

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.

Puts limits to what the government can do

by providing some rights to the citizen
that cannot be violated.
 IMPORTANT
PERSONALITIES
Pt. Jawaharlal Nehru: RAJENDRA PRASAD:
(1889-1964) (1884-1963)

Born: Uttar Pradesh. Born: Bihar. President of

Prime Minister of the the Constituent
interim government. Assembly. Lawyer, known
Lawyer & Congress for his role in the
leader. Advocate of Champaran satyagraha.
socialism, democracy Three times the
and anti-imperialism. president of Congress.
Later: First Prime
Minister of India. Later: First President of
India.
 Dr. B.R. Ambedkar: (1891-1956)

Born: Madhya Pradesh. Chairman of

the Drafting Committee. Social
revolutionary thinker & agitator
against caste divisions and caste
based inequalities

Later: Law minister in the first

cabinet of post-independence India.
Founder of Republican Party of India.
 Sarojini Naidu: G. Durgabai Deshmukh:
(1879-1949) (1909-1981)

Born: Andhra Born: Andhra Pradesh.

Pradesh. Poet, writer Advocate and public
and political activist. activist for women’s
Among the foremost emancipation. Founder
women leaders in the of Andhra Mahila
Congress Sabha. Congress leader.

Later: Governor of Later: Founder

Uttar Pradesh Chairperson of Central
Social Welfare Board.
 Vallabhbhai Patel: (1875-1950)

Born: Gujarat. Minister of Home,

Information and Broadcasting in the
Interim Government. Lawyer and
leader of Bardoli peasant
satyagraha. Played a decisive role in
the integration of the Indian princely
states.

Later: Deputy Prime Minister.

 Abul Kalam Azad: H.C. Mookherjee:
(1888-1958) (1887-1956)

Born: Saudi Arabia. Born: Bengal.

Educationist, author Vice-Chairman of the
& theologian; scholar Constituent Assembly.
of Arabic. Congress Reputed author and
leader, active in the educationist. Congress
national movement. leader. Member of All
Opposed Muslim India Christian Council
separatist politics. and Bengal Legislative
Assembly.
Later: First Education
Minister of India. Later: Governor of West
Bengal.
T.T. Krishnamachari
Kanhaiyalal Maniklal
(1899-1974)
Munshi (1887-1971)
Born: Tamil Nadu.
Born: Gujarat. Advocate,
Member, Drafting
historian and linguist.
Committee,
Congress leader and
Entrepreneur and
Gandhian.
Congress Leader.

Later: Minister in the

Later: Finance
Union Cabinet. Founder
Minister in the Union
of the Swatantra Party.
Cabinet.
 Baldev Singh
Shyama Prasad
(1901-1961)
Mukherjee (1901-1953)
Born: Haryana. A
Born: West Bengal.
successful
Minister for Industry
entrepreneur and
and Supply in the
leader of the Panthic
Interim Govt.
Akali Party in the
Educationist and lawyer,
Punjab Assembly. A
Active in Hindu
nominee of the
Mahasabha.
Congress in the
Constituent Assembly.
Later: Founder
PResident of Bhartiya
Later: Defence Minister
Jan Sangh.
in the Union Cabinet.
Who was the first Prime Minister of India?

(a) Dr. Rajendra Prasad

(b) Pt. Jawaharlal Nehru

(c) Indira Gandhi

(d) Dr. B. R. Ambedkar

In which magazine does Mahatma Gandhi expressed his
view on ideal Constitution?

(a) Bengal Gazette

(b) Bombay Herald

(c) The Times

(d) Young India

Assertion: The constitution has been drawn up and
enacted by the people through their representatives.

Reason: Citizens have complete freedom to follow any

religion.

(a) Both A & R are true and R is the correct

explanation of A

(b) Both A & 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

______ is a set of written rules that are accepted
by all people living together in a country.

(a) Constitution

(b) Preamble

(c) Law

(d) None of the above

Which revolution in the world inspired the Indians to set
up a socialist economy?

(a) French Revolution

(b) Turkish Revolution

(c) Russian Revolution

(d) American War of Independence

Assertion: The Constituent Assembly was elected by the
members of the existing provincial Legislatures.

Reason: It ensured a fair geographical share of

members from all regions of the country.

(a) Both A & R are true and R is the correct

explanation of A

(b) Both A & 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

Nelson Mandela remained in the jail for:

(a) 28 years

(b) 29 years

(c) 30 years

(d) 31 years
Apartheid in South Africa was discrimination on the
basis of:

(a) Gender

(b) Religion

(c) Race

(d) Economic status

When did South Africa become a democratic country?

(a) 26 April, 1995

(b) 26 April, 1994

(c) 24 March, 1994

(d) 27 April, 1996