DP (IX)- LESSON-2 CONSTITUTIONAL DESIGN (LESSON NOTES)

 

DP (IX)- LESSON-2

CONSTITUTIONAL DESIGN

(LESSON NOTES)

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v INTRODUCTION

  Ø The documents of rules and regulation of a country through which a country is governed, is called as constitution. the constitution determines the rights of citizens, the powers of the government and how the government should function.

Ø In this chapter we will try to know through Constitution of South Africa and India: -

§  Why do we need a constitution?

§   How are the constitutions drawn up?

§  Who designs them and in what way?

§  What are the values that shape the constitutions in democratic states?

§  Can we make changes in constitution later as required?

v DEMOCRATIC CONSTITUTION IN SOUTH AFRICA

  Ø SOUTH AFRICA UNDER BRITISH RULE

§  In 17^th centuries, the trading companies from Europe occupied it with arms and force. Many European settles there and established the apartheid rule in South Africa.

§  Apartheid is the system of rule in which the people discriminated on the basis of skin or colour. All non-whites (Black, coloured, Indians) were treated inferiors by whites.

§  Non-whites faced many problems as

·      They were forbidden from living in white areas.

·      Trains, buses, taxis, hotels, hospitals, schools and colleges, libraries, cinema halls etc. all were separate for the whites and blacks. This was called segregation.

·      Blacks could not form associations or protest.

  Ø FOUGHT AGAINST THE APARTHEID SYSTEM

§  Since 1950, Non- whites fought against the apartheid system under one organisation ANC (African National Congress)

§  Many workers’ unions and the Communist Party and some sensitive whites also joined the ANC to oppose apartheid. Several countries also denounced apartheid as unjust and racist.

§  Nelson Mandela, was one of the well-known leaders of African National Congress, fought a long battle against Apartheid. He was Imprisoned for 28 years (1964-1992).

§  Due to continues protest Britishers rulers changed its policies and Finally, at the midnight of 26 April 1994, the apartheid government came to an end, paving way for the formation of a multi-racial government.

  Ø MAKING OF CONSTITUTION OF SOUTH AFRICA

§  After the emergence of the new democratic South Africa, black leaders appealed to fellow blacks to forgive the whites for the atrocities they had committed while in power.

§  After two years of discussion and debate they came out with one of the finest constitutions the world has ever had.

§  This constitution gave to its citizens the most extensive rights , forgot past sufferings, sought co-operation of all the races which made South Africa based on equality, democratic values and social justice.

§  Nelson Mandela become the first president of this new South Africa.

v NEED OF CONSTITUTION

  Ø The constitution of a country is a set of written rules that are accepted by all people living together in a country. We need constitution because: -

§  It generates trust and coordination among all citizens of its nation.

§  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.

v MAKING OF THE INDIAN CONSTITUTION

  Ø The Indian Constitution was framed in a very difficult circumstance. There were many problems arise at that time as the country was born through a partition on the basis of religious differences. At least ten lakh people were killed on both sides of the border in partition related violence. Many princely states wanted to establish their independency. The makers of the constitution had anxieties about the present and the future of the country.

  Ø PATH OF INDIAN CONSTITUTION

  Ø Even of so many problems our leaders had already decided some basic fundamental about the constitution during the freedom struggle.

  Ø From 1858 onwards, the British Government passed many Acts for the government of India but could not satisfy Indian aspiration.

  Ø The demand for a Constitution was first raised in 1934 by the Indian National Congress.

  Ø In 1938, Jawaharlal Nehru formulated the demand for a Constituent Assembly.

  Ø In 1942, the British Government recognized that Indians should frame a new Constitution by themselves.

  Ø Participation in Provincial Legislatures helped Indians in framing their Constitution.

  Ø The Leaders were inspired by the French Revolution, British Parliamentary System and the Bill of Rights of the US.

v THE CONSTITUENT ASSEMBLY

  Ø The constitution was framed by an assembly of elected representatives which is called as constituent assembly. Its election was held in July 1946.

  Ø Its first meeting was held on December 9, 1946. Initially there were 389 members but in after independence it members become 299 due to separate constituent assembly of Pakistan.

  Ø The head of constituent assembly was Dr Rajendra Prasad and H. C. Mookherjee was the Vice-Chairman of the Constituent Assembly.

  Ø The constituent assembly continues work for 2 years 11 month 18 days. Many sessions, meetings, debated, discussion took place.

  Ø Dr B.R. Ambedkar was appointed Chairman of the Drafting Committee.

  Ø The Constitution was adopted on 26th November 1949, and enacted on 26th January 1950, when India became a Republic state.

  Ø The Constitution reflects the best minds of the country. The Constituent Assembly was called Mini- India.

  Ø It is the longest written Constitution in the world.

v REASON FOR ACCEPTING THE CONSTITUTION

  Ø Though the Indian constitution is framed by constituent assembly which have nearly 300 members but even though it is accepted by all citizen of India because of these reasons: -

§  Constituent assembly represented the people of India. In this assembly the members belong to different religions, language, caste and from different states.

§  Though congress members are in majority in assembly, but in the congress also have different ideology, liberalism, socialists, seculars etc.

§  Though the members were elected by the members of the existing Provincial Legislatures, not through universal adult franchise but it ensured a fair geographical share of members from all the regions of the country.

§  Constituent Assembly also worked in a systematic, open and consensual manner. First some basic principles were decided and agreed upon. Then a Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion.

§  All the documents of debate were preserved provide the rationale behind every provision of the Constitution. These are used to interpret the meaning of the Constitution.

v GUIDING VALUES OF THE INDIAN CONSTITUTION

  Ø Though Mahatma Gandhi was not the member of constituent assembly, but his principal of equality and justice was followed by many members.

  Ø Dr Br Ambedkar ideas about political equality to remove the social and economic inequality. So, one person one vote and one value were accepted.

  Ø The objective resolution (Preamble) which was presented by Jawaharlal Nehru on 13 Dec 1946 provide the structed of Indian constitution.

v PREAMBLE OF INDIAN CONSTITUTION

       CONSTITUENTUAL AMENDMENT

  Ø It refers as the change in the constitution according to time and to complete the aspiration of people. The constituent assembly members did not see Indian constitution it as a sacred, static and unalterable law. So, they made provisions to incorporate changes from time to time. These changes are called constitutional amendments.