Chapter 2: Constitutional Design
Introduction: What is a Constitution?
Constitution: A constitution is a set of rules and principles that governs a country. It outlines citizens' rights, the government's powers, and how government functions.
Purpose of a Constitution: Ensures that everyone follows certain laws, protects citizens' rights, and limits government power.
2.1 Democratic Constitution in South Africa
Apartheid: A system of racial discrimination in South Africa, where the white minority ruled over the black majority, restricting their rights and separating public facilities.
Struggle for Freedom: Led by Nelson Mandela and the African National Congress (ANC), black, colored, and Indian people protested against apartheid, facing arrests and oppression.
End of Apartheid: Protests and global pressure led to the end of apartheid. In 1994, South Africa held its first democratic elections, and Nelson Mandela became president.
Creating a New Constitution
South Africans, including former oppressors and the oppressed, worked together to draft a constitution that promoted equality and human rights.
The New Constitution: This constitution aimed to prevent discrimination and create a fair, democratic society.
2.2 Why Do We Need a Constitution?
Maintains Peace and Trust: A constitution helps diverse groups live together by establishing trust and guiding how to resolve conflicts.
Defines Power and Rights: It specifies the government’s powers and citizens’ rights.
Guides Social Values: Expresses the goals for an ideal society, like justice, equality, and liberty.
Examples: The United States and France established democratic constitutions to ensure fair governance after gaining independence.
2.3 Making of the Indian Constitution
Historical Context: India’s independence came with challenges, including partition violence and diverse communities.
Inspiration from Freedom Struggle: Leaders like Mahatma Gandhi and Jawaharlal Nehru wanted a democratic nation with equal rights for all.
Constituent Assembly: A group of representatives drafted the Indian Constitution. The assembly included members from different backgrounds, ensuring diverse perspectives.
Drafting Process
The Drafting Committee, led by Dr. B.R. Ambedkar, prepared the constitution with input from various leaders.
Final Adoption: On 26 November 1949, the constitution was adopted and came into effect on 26 January 1950, which we celebrate as Republic Day.
2.4 Guiding Values of the Indian Constitution
Preamble: The Preamble of the Constitution summarizes its values and goals.
Sovereign: India is free to make its own decisions.
Socialist: The government works to reduce inequality.
Secular: People have the freedom to follow any religion, and the government respects all religions equally.
Democratic: People elect their leaders and hold them accountable.
Republic: The head of the state is elected, not a hereditary position.
Core Values:
Justice: Fair treatment and equal opportunities for all.
Liberty: Freedom of thought, expression, belief, and worship.
Equality: Equal rights and treatment under the law.
Fraternity: A sense of unity and brotherhood among all citizens.
Institutional Design
Amendments: The Indian Constitution can be amended to adapt to changing needs, ensuring that it remains relevant.
Structure of Government: The Constitution outlines how leaders are elected, the distribution of power, and protects citizens' rights.
