Constitutional Design IX

Constitutional
Design
Nelson Mandela & South Africa:
• Most able, efficient and far sighted leader of
Africa national congress
• Fought against apartheid during white south
African government.
• Spent 28 yrs in prison from 1964 - 1992
(Dreaded prison Robben Island)
Struggle against Apartheid
• During 18th and 19th century,
• Europe occupied South Africa,
• Settled there
• Applied system of apartheid, which divided
country into three groups:
• White, Black and Coloured (one migrated from
india)
Apartheid
BLACK
• A system of racial
discrimination
unique to South
Africa. WHITE
COLOURED
Oppressive system for the Black
Black were segregated(separated) by:
• Forbidden from living in white areas
• Could work in white areas if had permit
• Discriminated while using public properties
• Black could not visit church where white
worshipped, form association and protest.
African National Congress(ANC)
• Since 1950, blacks, coloured and Indians

fought against this system
• Including workers union, communist and
sensitive whites joined them
• In 1964, Nelson Mandela and seven other
leaders were sentenced to life imprisonment.
• But the white racist government continued to
rule by torturing and killing thousands of black
and colored.
Protest increased, the racist government
realized that they could no longer keep
the black under repression.
Racist government changed their
policies:
• Discriminatory laws were repealed,

• Ban on political parties and restriction on the
media were lifted,
• Nelson Mandela, was released from jail after
28 years of imprisonment.
Towards a new constitution
• At the midnight of 26 April 1994, the Republic of
South Africa ( a multi-racial gov.t )was born.
• The black forgave the whites, both the blacks
and whites decided to build a new S.A. based on
equality of all races on democratic values, social
justice and human rights.
• After two years discussion and debates they
draw a common constitution and gave to its
citizen the most extensive rights available in any
country.
PREAMBLE (SOUTH AFRICA)
We the people of South Africa
Recognise the injustice of our past
Honour those who suffered for justice and freedom in
our land;
Respect those who have worked to build and develop
our country: and believe that South Africa belongs to
all who live in it, united in our diversity
We therefore, through our freely elected
representatives adopt this constitution as supreme
law of the republic so as to-
PREAMBLE OF SOUTH AFRICA
Together they decided
• Nobody should be excluded
• No one should be treated as a demon
• Agreed that everybody should become part of
solution
• It inspired democrats all over the world.
Constitution:
The supreme law of a country containing
fundamental rules governing the policy and
society in a country.
Importance /Need of
Constitution
• Trust and co-ordination
• Specification: specifies how the government
will be constituted. Who will have power to
which decision
• Right and duties: limits the power of
government and tell rights of the citizens
• Good Society: expressing the aspiration of the
people about creating good society.
Making of the Indian
Constitution
Problem faced while making Indian
constitution
• India was huge and diverse country.
• The country was divided on the basis of
religions.
• The merger of princely states with India or
Pakistan .
• The future of the country was not much
secure to make the constitution.
The path to constitution:
• 1928: Constitution was drafted
for India by Motilal Nehru and
eight other congress leaders.
• 1931 – Resolution at Karachi on
how independent India’s
constitution should look like
with the following features:
1.Universal Adult Frenchise
2.Right to freedom and equality
3.Protection of rights of
minorities
• Many educated Indians were familiarized with
the political and legislative institution during
the colonial(British) rule.
• Years of thinking and deliberation on the
framework of the constitution had another
benefit.
Many of the leaders were inspired by
• the ideals of the French Revolution,
• the Socialist Revolution in Russia etc.
• the practice of parliamentary democracy of
Britain
• the bill of rights in US
but they didn’t simply imitate these
principles.
The Constituent Assembly (1946)
The drafting of the constitution was done by
an assembly of elected representatives
(299 members) called the constituent
assembly keeping the following points in
mind.
1.Universal adult
franchise 2.Right ot
freedom
3.Equality and protecting the rights of
minorities.
• The assembly was dominated by the Indian
Nationalist Congress(I.N.C.) It has many non-
congress members.
• The constitution doesn’t reflect the views of
its members alone, it expresses the aspiration
of all people.
Elections to the constitution
• Elections to the constituent assembly were held in July
1946 and its first meeting in December 1946.
• After wards the country was divided into India and
Pakistan.
• The constituent Assembly that wrote the Indian
constitution had 299 members.
• A drafting committee chaired by Dr. B.R.Ambedkar
prepared a draft constitution for discussion.
• It was discussed clause by clause through several rounds of
discussions.
• The assembly adopted the constitution on 26th November
1949 and came into effect on 26th January 1950.
Why should we accept this
constitution?
• Over the last 64 years, no large social group or political
party has ever questioned the legitimacy of the
constitution.
• Constituent assembly represented the people of India,
no universal adult franchise but fair geographical share
of members from all the regions of the country.
• Assembly represented members from different
language groups, castes, classes, religion
and occupation.
• Finally, the constituent assembly worked in a
systematic, open and consensual manner.
Indian constitution
• More than two thousand amendments were
considered
• The members deliberately worked for 114
days and spent over three years.
• Every document and word spoken in
constituent assembly has been recorded and
preserved which is called ‘CONSTITUENT
ASSEMBLY DEBATE’. These debates are
12 bulky volumes!
Guiding Values of the Indian
Constitution:
• We can understand the constitution of India
through two ways :
• By reading the views of some of major leaders
on constitution
• By understanding what the constitution says
about its own philosophy.
The dreams and the promises:
• Mahatma Gandhi in his magazine Young India in 1931,
spelt out what he wanted the Constitution to do
• B.R.Ambedkar criticized Mahatma Gandhi and his
vision
• Jawaharlal Nehru gave speech“ Tryst with Destiny” on
midnight of August 15 1947: he stated when the
world sleep, India will awake to life and freedom.
Freedom and power brings responsibilities, Service of
India means service of the millions who suffer, the
ambition of the greatest man of our generation has
been to wipe every tear from every eye.
Preamble:
The constitution begins with the short
statement of its basic values. This is called the
Preamble to the constitution.
PREAMBLE OF INDIA

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Constitutional

• Since 1950, blacks, coloured and Indians

• Discriminatory laws were repealed,

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