Constitutional Design

Apartheid:--

It was a system enforced on the natives of South Africa by the white Europeans. It
divided people on the basis of their skin color. The ‘whites’ considered themselves
superior to all the non-whites which were the blacks, mixed races and Asians.
The Blacks were forbidden from living in areas where the whites lived. They were
not allowed to work in white areas without permits and weren’t allowed inside places
where the whites went. They were not even allowed to visit the churches where the
whites worshipped. This was known as segregation.

ANC:--
This was the umbrella organisation which led the struggle against apartheid. It included
many workers’ unions and the Communist Party. Some of the whites who were sensitive
for the cause of welfare of the non-whites also joined.

Causes for South Africa to emerge as a Democracy:--

• Struggles and protests had rapidly increased which made the White
government realize that they could no longer keep the blacks under their
rule through repression.
• Discriminatory laws were repealed.
• Ban on political parties and media was uplifted.
• Nelson Mandela was freed as a prisoner.

Principles of Nelson Mandela:--

• Forgive and forget the atrocities committed by the whites while in power.
• Build a nation based on equality for all, social justice and human rights.

South African Constitution:--

1. The constitution of South Africa gave extensive rights available in any
other country to its citizens.
2. Everyone should be a part of the solution irrespective of their past deeds.

Why do we need a constitution???

• 1st- it generates a degree of trust and coordination that is necessary for
people of different kinds to live together.
• 2nd- it specifies how the government will be constituted and who has how
much power to make decisions.
• 3rd- it sets limits to the powers of the govt, and awares the citizens of their
rights.
• 4th- it expresses the aspirations of the people of how a society should be.
Compromise made between the blacks and the whites:--
- The whites agreed to the basic rights of the poor and the workers.
- The blacks agreed that majority rule will not be absolute and the majority would not
take away the whites’ rights and property.

Constitution:--
The constitution is a set of written rules that are accepted by all the people living in a
country. It is the supreme law which determines the relations between its citizens and th
relationship of the citizens with the government.
It emphasizes on the basic rules that are in the interest of citizens’ rights that no
government will be able to ignore.

INDIAN CONSTITUTION:

Difficulties faced during the time of making:--

1. The people of India were being raised from the status of subjects to citizens.
2. The partition had been a traumatic experience for the people of India as well as
Pakistan.
3. The British had left it to the choice of the princely states to merge with India or
stay independent. The merger of these was a big problem.
4. When the constitution was being written the future of India looked very bleak.
5. The makers had many anxieties about the past, present and future of India.

Advantages during the time of making:--

1. There did not arise a need for a consensus about what a democratic India should
look like as it had evolved during the independence struggle.
2. Our national struggle had not only been for freedom but also we wanted to
rejuvenate our country and transform our society and government.
3. There existed in a difference in ideas about what path our country should take
after independence but some basic ideas were accepted by all.

Acceptance of Constitution made by assembly more than 50 years ago:--

- Consensus: the constitution didn’t express the views of its makers alone
but a broad consensus of its time.
- People: the makers of the constitution represented the people of India
- Sanctity: the manner in which the constituent assembly worked was
systematic and open which gave sanctity to the constitution.

Preamble:--
The constitution begins with a short statement of its basic values which is known as the
preamble.
Preamble of the Constitution:
The preamble of the Constitution reads like a poem on democracy and contains the
philosophy on which the entire constitution is based. It provides a standard to evaluate
any law or action of the government good or bad. It is the soul of the constitution.
Glossary:

Sovereign- People have the right to make decision on internal and external matters and
no external power can dictate over them.

Socialist- Wealth is generated socially and should be shared equally by the society. Govt.
should regulate land ownership and industry to reduce socio-economic inequalities.

Secular- Citizens have freedom to follow any religion and there is no official religion.
The govt. is supposed to treat every religion equally.

Democratic- A form of govt. where people enjoy equal political rights, elect their rulers
and hold them accountable. Govt. is based on a basic set of rules.

Republic- The head of the state is an elected person and not of hereditary position.

Justice- Citizens can’t be discriminated on grounds of caste, race, religion, etc. Govt.
should work for welfare of all especially disadvantaged groups.

Liberty- There are no unreasonable restrictions on citizens on how they think, their
opinion and speech.

Equality- All are equal before the law and social inequalities should be ended. The govt.
should ensure equal opportunities for all.

Fraternity- No one is inferior and all are of one big family.

Constitutional amendments- There are provisions made in the constitution to

incorporate changes from time to time. These changes are known as constitutional
amendments.