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Class 9 Revision Notes Political Science Constitutional Design
Democratic Constitution in South Africa
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.
Do We Need a Constitution?
Every country drafts its own constitution.
A constitution of a nation is the set of written laws accepted by people living together in a country.
It generates trust and co-ordination.
It specifies how a government should be constituted.
It lays down limits on the powers of the government.
It expresses the aspirations of the people about creating a good society.
Making of the Indian 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
Elections to the Constituent Assembly held in July 1946.
Dr. B. R. Ambedkar appointed chairman of the drafting committee.
Constitution adopted on 26 November 1949, and enacted on 26 January, 1950, when India became a republic.
The Constitution reflects the best minds of the country. Its members represented mini-India.
Every law was debated clause by clause and a consensus arrived at.
It is the longest written constitution.
Guiding Values of India Constitution
The leaders like M.Gahatma Gandhi, Dr. Ambedkar, and Jawahrlal Nehru put forward their views about dream and promise the constitution makes for the nation.
The preamble of the constitution speaks about the philosophy on which entire constitution has been built.It is the soul of Indian Constitution.
Following are the values mentioned in preamble.
Sovereignty, Socialism, Secularism, Democratic and republic nature of India, justice, liberty, equality and fraternity
Explanation:
Apartheid is a system of racial discrimination unique to South Africa imposed by the white Europeans. During the seventeenth and eighteenth centuries, the trading companies from Europe occupied it with arms and force and became the local rulers. 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 and were forbidden from living in white areas. The blacks, coloured and Indians fought against the apartheid system, from 1950. The African National Congress (ANC) was the umbrella organisation that led the struggle against the policies of segregation. Nelson Mandela was one of the leaders amongst the eight who were tried for treason by the white South African government. They were sentenced to life, imprisonment in 1964 for daring to oppose the apartheid regime in the country.
Giving Rise to New Constitution
As the protests and struggles against apartheid increased, the blacks could no longer be kept under the rule of the government through repression. The white regime changed its policies. Discriminatory laws were repealed. Ban on political parties and restrictions on the media were lifted. Nelson Mandela was released after 28 years in the Robben Island Prison. The apartheid government came to an end on the midnight of 26 April 1994, paving way for the formation of a multi-racial government.
Following the emergence of the new democratic South Africa, 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. 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.
Why the Need for Constitution?
Take the example of South Africa to see why we need the constitution and what constitutions do. The oppressor and oppressed were planning to live together as equals in the new democracy. Each section wanted to safeguard their interests and wanted substantial social and economic rights. Through negotiations, both parties came to a compromise. The whites agreed to the principle of majority rule and that of one person one vote. They also agreed to accept some basic rights for the poor and the workers. The blacks agreed that majority rule would not be absolute and that the majority would not take away the property of the white minority. How was this compromise to be implemented? The only way to build and maintain trust in such a situation was to write down some rules of the game that everyone would abide by. These supreme rules that no government would be able to ignore are called a constitution.
Every country has diverse groups of people. All over the world people have differences of opinion and interests. The 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. Find what constitutions do below:
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 the 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
India’s Constitution was drawn up under very difficult circumstances. The country was born through a partition on the basis of religious differences and was a traumatic experience for the people of India and Pakistan. 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. The merger of these princely states was a difficult and uncertain task. When the constitution was being written, the future of the country did not look as secure as it does today.