In this article there is a discussion of class 9 Civics Chapter 2 Constitutional Design Notes which cover every topic of chapter 2 constitutional Design class 9 political science.It is comprehensively explained to develop understanding of students about every topic related to how constitution is formed of India.
Apartheid
Apartheid is a system of racial discrimination unique to South Africa imposed by white Europeans through its official policy of ill treatment against blacks.
The system of apartheid divided the people and labelled them on the basis of their skin colour. The white rulers treated all non-whites includes blacks, coloured and Indians as inferiors. The non-whites did not have voting rights.
Segregation
The policy of separation of all services like school,buses, churches, toilets etc and residential areas of whites and blacks.Black were forbidden from living in white areas and could work only if they are permitted by whites.
African National Congress
The African National Congress (ANC) was the umbrella organisation that led the struggle against the policies of segregation and opposed apartheid.Even sensitive whites joined ANC and several countries denounced apartheid as unjust and racist .
Nelson Mandela was tried for treason by the white South African government sentenced to life imprisonment in 1964 for daring to oppose the apartheid regime in the country.
Towards a 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- The white regime changed its policies and discriminatory laws were repealed.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 midnight of 26 April 1994, paving the way for the formation of a multi-racial government.
After the emergence of the new democratic South Africa,black people and whites were appealed by black leaders to build a new South Africa based on equality of all races and men and women,on democratic values , social justice and human rights and sat together to form a common constitution.
This constitution gave 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.
A state denounced by entire world as undemocratic till recently is now seen as model of democracy. It was the determination of all people of South Africa to work together,to transform bitter experiences into the binding glue of a rainbow nation.
Why do we need a constitution
The oppresser (whites) and oppressed (blacks) were planning to live together to ensure that democratic principles of majority rule would not be comprised and majority would not take away the property of white minority.
The only way to build and maintain trust is to write down some basic rules how rulers are to be chosen, what the elected government are empowered to do and what they cannot.They agreed on some set of basic rules called constitution.
Constitution making is not unique to South Africa.Every country has diverse groups of people who have differences of opinion and interests so it requires some basic rules that everyone would abide by .Thus,these rules are supreme and no government would be able to ignore these.This set of rules is called constitution
Constitution
Constitution is a written document that has a set of basic rules that are accepted by all people together as supreme law of the country that determines the relationship between people and government.
Advantages of Constitution
- First, it generates a degree of trust and coordination that is necessary for different kinds of people to live together.
- Second, it specifies how the government will be constituted and 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
The making of the constitution for a huge and diverse country like India was not an easy task as people were emerging from subjects to citizens and born through the partition on the basis of religious differences.
Second, British had left it to the ruler of princely states to decide whether they wanted to emerge with India or with Pakistan or remain independent .The makers of the constitution had anxieties about the present and future of the country.
Class 9 Chapter 3 Electoral Politics Notes
The Path to Constitution
Unlike South Africa, Constitution makers of India didn’t have to create consensus about what a democratic India should like ,it evolved during the freedom struggle.
National movement is not merely a struggle against foreign rule but also to rejuvenate our country and to transform our society and politics.
In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India, and In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how independent India’s Constitution should look. Both these documents included features such as Universal Adult Franchise, the Right to Freedom and Equality, and to protect the rights of minorities in the constitution of independent India. These basic values were accepted by all leaders much before the Constituent Assembly met to deliberate on the Constitution.
The experience gained by Indians in the working of legislative institutions proved to be useful for setting up its own institutions and working in them.
The Indian constitution adopted many institutional details and procedures from colonial laws like the Government of India Act 1935. Many of our leaders were inspired by the ideals of the French Revolution, the practice of parliamentary democracy in Britain and the Bill of Rights in the US to ensure social and economic equality.
Constituent Assembly
- The drafting of the constitution was done by an assembly of elected representatives called the Constituent Assembly.
- Elections to the Constituent Assembly were held in July 1946, and its first meeting was held in December 1946. Soon after, the country was divided into India and Pakistan and the Constituent Assembly was also divided into the Constituent Assembly of India and of Pakistan.
- The Constituent Assembly that wrote the Indian constitution had 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.
Reasons to accept Constitution even today
- The Constitution does not reflect the views of its members alone. It expresses a broad consensus of its time.
- The second reason for accepting the Constitution is that the Constituent Assembly represented members from different languages groups, castes, classes, religions and occupation means Constituent Assembly represented the people of India.
- Finally, the manner in which the Constituent Assembly worked gives sanctity to the Constitution. The Constituent Assembly worked in a systematic, open and consensual manner.
- No large social group or political party has ever questioned the legitimacy of the constitution
Drafting of the Constitution
- A drafting committee chaired by Dr B.R.Ambedkar prepared a draft constitution who debated and agreed upon basic rules.
- The 299 member of constituent Assembly discussed draft constitution clause by clause by deliberating 114 days spread over three years.
- These debates are preserved in 12 bulky volumes that provide rationale behind every provision of the constitution used to interpret the meaning of constitution
Philosophy of the Constitution
- Values that inspired and guided the freedom struggle and were, in turn, nurtured by it formed the foundation for India’s democracy..
- These values are embedded in the preamble of the Indian Constitution.These values are sovereign, socialist, secular, democratic, republic, justice, liberty, equality and fraternity.
- The constitution begins with a short statement of basic values called preamble that provide a standard to examine and evaluate any law and action of govt.It is the soul of the Constitution.
Institutional Design
- A constitution is not merely an arrangement of values and philosophy.
- It is long and detailed document that to be amended time to time to keep updated in accordance with with people’s aspirations and change in society. These changes are called constitutional amendments.
- Constitution lays down procedure for choosing person,who will have power to choose and take decisions.
- It puts limits to government’s actions and protect citizen’s rights.