Chapter 02: Constitutional Design
Constitution
➥ The constitution of a country is a set of written rules accepted by all people living together.
Significance: It is the supreme law that determines relationships among citizens and between citizens and the government.
Apartheid
➥ A system of racial discrimination unique to South Africa.
Impact: Divided people and labeled them based on skin color.
Democratic Constitution in South Africa
Independence: After a long struggle, South Africa became independent and adopted a democratic constitution.
Nelson Mandela- Fought for freedom, rights, and equality for both Black and White people.
- Sentenced to life imprisonment in 1964 for opposing the Apartheid regime.
- Spent 28 years in Robben Island prison.
- Became the first Black President of South Africa in 1994.
Apartheid in South Africa
Historical Context: European trading companies occupied South Africa in the 17th and 18th centuries, leading to white settlers becoming local rulers and establishing apartheid.
Segregation: Non-whites were denied voting rights and segregated in public spaces, including transportation, hotels, schools, hospitals, and more.
Formation of African National Congress (ANC)
Resistance: Since 1950, Blacks, colored people, and Indians fought against apartheid.
ANC: Led the movement against apartheid, supported by workers' unions, the Communist Party, and some whites.
Towards a New Constitution
Protests: Increased protests and struggles pressured white rulers to reconsider their control.
Mandela's Release: Mandela was released after 28 years in prison.
New Democratic State: South Africa became a democratic republic on April 26, 1994, ending apartheid and forming a multi-racial government.
Nelson Mandela
Leadership: Instrumental in the ANC's fight against apartheid.
Imprisonment: Sentenced to life imprisonment in 1964, released after 28 years.
Presidency: Elected President of South Africa in 1994.
Autobiography
Title ➞ "Long Walk to Freedom"
Need for a Constitution
Functions- Forms a democratic government and decides its functions.
- Decides the jurisdiction of various organs of the government.
- Builds a good society.
- Prevents the government from abusing its powers.
- Secures the rights of citizens.
Functions of the Constitution
Trust and Coordination: Generates trust and coordination among people.
Government Structure: Specifies government formation and decision-making powers.
Limits of Power: Defines government power limits and citizens' rights.
Aspirations: Expresses the people's aspirations for a good society.
Making of the Indian Constitution
Context: Created under difficult circumstances including British colonial rule, partition, violence, refugee crises, and economic challenges.
Early Efforts: In 1928, Motilal Nehru and Congress leaders drafted a constitution; the 1931 Karachi session further discussed its principles.
Constituent Assembly of India
Composition: Comprised 299 elected representatives.
Adoption: Adopted on November 26, 1949.
Key Figures: Dr. B.R. Ambedkar (Drafting Committee Chairman), Dr. Rajendra Prasad (Assembly President).
Drafting Committee
Purpose: Prepared a draft constitution for discussion.
Implementation
Date: The Indian Constitution was implemented on January 26, 1950, celebrated annually as Republic Day.
Legitimacy of Indian Constitution
Acceptance: Reflects a broad consensus, accepted by diverse social groups and political parties.
Representation: Constituent Assembly represented various language groups, castes, classes, religions, and occupations.
Important Features of Indian Constitution
- Longest known constitution.
- Drawn from various global sources.
- Allows for amendments.
- Provisions for Fundamental rights, duties, universal adult franchise, parliamentary government, federal structure, independent judiciary.
Amendment
➥ Change or modification, especially in a constitution.
Treason
➥ The crime of betraying one's country.
Constitutional Amendments
Purpose: To keep the constitution up to date with changing times.
Provision: Allows amendments to align with people's aspirations and societal changes.
Preamble
➥ An introduction to the constitution containing its ideas and basic principles.
➢ It declares India as a sovereign, socialist, secular, democratic, and republic nation.
➢ It emphasizes justice, liberty, equality, and fraternity among citizens.
Purpose of the Preamble
Authority: Indicates the source of the constitution's authority ("We, the people of India").
Objectives: States the constitution's objectives.
Standard: Provides a standard to evaluate laws and government actions.
Philosophy of Indian Constitution
- We, the People of India: The constitution is created by and for the people, not imposed externally.
- Sovereign: People have the ultimate authority in making decisions; no external power controls India.
- Socialist: The government aims to reduce socio-economic inequalities.
- Secular: Citizens can follow any religion, and the government treats all religions equally.
- Democratic: People have equal political rights and can elect and hold leaders accountable.
- Republic: The head of state is elected, not inherited.
- Justice: No discrimination based on caste, religion, or gender, with efforts to reduce social inequalities.
- Liberty: Citizens have freedom of thought, expression, and action within reasonable limits.
- Equality: Everyone is equal before the law, and equal opportunities must be provided.
- Fraternity: Citizens should promote unity and dignity, treating each other as brothers and sisters.
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