Learning Objective
- Democratic Constitution in South Africa
- Why do we need for a constitution?
- Making of the Indian Constitution
- Guiding Values of the Indian Constitution
Democratic Constitution in South Africa
Struggle against apartheid
- Apartheid: A system of racial discrimination imposed by white Europeans in South Africa.
- Divisions: People were labeled based on skin color.
- Inferior Treatment: Non-whites faced discrimination, lacked voting rights, and were restricted from white areas.
- Resistance: The African National Congress (ANC) led the fight against segregation.
- Nelson Mandela: Imprisoned for opposing apartheid.
Towards a new constitution
- End of Apartheid: Protests led to changes in policies, repeal of discriminatory laws, and Nelson Mandela’s release.
- New Constitution: A multi-racial government formed, emphasizing inclusivity and extensive rights for citizens.
Why do we need for a constitution?
Constitution: The supreme law that governs relationships among citizens and between people and the government.
Functions of Constitutions:
- Trust and Coordination: Facilitates trust and cooperation among diverse groups of people.
- Government Structure: Specifies how the government is formed and who holds decision-making power.
- Limits on Government: Sets boundaries on government authority and outlines citizens’ rights.
- Aspirations: Reflects people’s vision for a better society.
- Democracy and Constitutions: All democratic countries have constitutions.
Making of the Indian Constitution
- India’s Constitution: Drafted during challenging times after partition.
- Princely States: Uncertain merger decisions.
- Future Uncertainty: Constitution written when country’s future was less secure.
The Path to the Constitution
- Indian Constitution: Shaped by consensus during the freedom struggle.
- Early Documents: Motilal Nehru’s draft (1928) and Karachi resolution (1931) influenced its features.
- Shared Values: Universal Adult Franchise, Right to Freedom, Equality, and Minority Rights.
- Institutional Details: Borrowed from colonial laws like the Government of India Act 1935.
- Inspiration: French Revolution, British parliamentary democracy, and US Bill of Rights.
The Constituent Assembly
- Broad Consensus: The Constitution doesn’t merely reflect the views of its members; it represents a broad consensus of its time.
- People’s Representation: The Constituent Assembly was a body of elected representatives, making it a reflection of the people of India.
- Systematic Process: The Assembly worked systematically, with open discussions and thorough deliberations. Basic principles were agreed upon, and a draft constitution was meticulously crafted by the Drafting Committee, chaired by Dr. B.R. Ambedkar.
- Recorded Debates: Every word spoken during the Constituent Assembly sessions was recorded and preserved in the Constituent Assembly Debates.
Guiding Values of the Indian Constitution
First, understand the overall philosophy of what our Constitution is all about. Read the views of some of our major leaders on our Constitution and read what the Constitution says about its own philosophy. This is what the preamble to the Constitution does.
The Dream and the Promise
There were many members who followed the vision of Mahatma Gandhi. This dream of an India that has eliminated inequality was shared by Dr Ambedkar, who played a key role in the making of the Constitution, but his vision of removing inequalities from India was different from Gandhiji’s.
Philosophy of the Constitution
- We, the People of India: The Constitution has been drawn up and enacted by the people through their representatives and not handed down to them by a king or any outside powers.
- Sovereign: People have the supreme right to make decisions on internal as well as external matters. No external power can dictate the Government of India.
- Socialist: Wealth is generated socially and should be shared equally by society. The government should regulate the ownership of land and industry to reduce socioeconomic inequalities.
- Secular: Citizens have complete freedom to follow any religion. But there is no official religion. The government treats all religious beliefs and practices with equal respect.
- Democratic: A form of government where people enjoy equal political rights, elect their rulers and hold them accountable. The government is run according to some basic rules.
- Republic: The head of the state is an elected person and not a hereditary position.
- Justice: Citizens cannot be discriminated against on the grounds of caste, religion and gender. Social inequalities have to be reduced. The government should work for the welfare of all, especially the disadvantaged groups.
- Liberty: There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts and the way they wish to follow up their thoughts in action.
- Equality: All are equal before the law. The traditional social inequalities have to be ended. The government should ensure equal opportunity for all.
- Fraternity: All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.
Institutional Design
- A Constitution is not merely a statement of values and philosophy. It is mainly about embodying these values into institutional arrangements. It is a very long and detailed document. Therefore, it needs to be amended quite regularly to keep it updated.
- Provisions are made to incorporate changes, known as constitutional amendments, from time to time. Like any Constitution, the Indian Constitution also lays down a procedure for choosing persons to govern the country. It defines who will have how much power to make which decisions. And it puts limits to what the government can do by providing some rights to the citizen that cannot be violated.
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