9th Political Science : Chapter-2 Constitutional Design

✦ Chapter 2: Constitutional Design

(NCERT – Class 9, Democratic Politics)

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Overview

In every democracy, rulers cannot govern arbitrarily. Their powers and functions are defined and limited by the Constitution, which is the supreme law of the land. The Constitution lays down the framework of governance, defines the rights of citizens, and sets limits on government authority. It embodies the values, principles, and aspirations of society.

The study of constitutional design answers four crucial questions:

1. Why do we need a Constitution?
2. Who makes it?
3. What values shape it?
4. Can it be changed?

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2.1 Democratic Constitution in South Africa

South Africa provides an inspiring example of how a nation can move from deep social injustice to one of the most progressive democracies in the world.

Nelson Mandela’s Struggle

Nelson Mandela devoted his life to fighting racial oppression. He opposed both white and black domination and was sentenced to life imprisonment in 1964 for his fight against apartheid. He spent 27 years in prison on Robben Island. In his famous speech at the time of his trial, he declared: “I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities.”

The Apartheid System (1948–1994)

The apartheid system was a form of racial discrimination practiced by the white minority. Society was divided into Blacks (natives, majority), Coloured (mixed races), Indians (migrants), and Whites (rulers). Non-whites were denied voting rights, excluded from white-only schools, hospitals, buses, and even toilets, and were not allowed to form associations or protests. They required permits to enter white-dominated areas.

Struggle and Transition

In the 1950s, the African National Congress (ANC), supported by trade unions and the Communist Party, organized strikes and marches. Some whites joined this struggle, and international pressure mounted on the apartheid regime. In 1990, Nelson Mandela was released, apartheid laws were repealed, and a multi-racial democracy was established. On 26 April 1994, South Africa adopted a new flag and held its first democratic elections, marking the birth of a “Rainbow Nation” based on justice, equality, and human rights.

The New Constitution

After two years of debate, South Africa framed one of the world’s most modern and progressive constitutions. Its Preamble emphasized healing past wounds, strengthening democracy, and ensuring equality. The country thus transformed from one of the most undemocratic regimes to a model democracy.

Comparison of Freedom Struggles: India vs. South Africa
India fought against colonial rule by the British, while South Africa fought against racial domination by the white minority. India’s struggle was led by leaders like Gandhi, Nehru, and Patel under the Indian National Congress using non-violence and satyagraha, leading to Independence in 1947. South Africa’s struggle was led by Mandela and the ANC, using protests, strikes, and international support, leading to the end of apartheid in 1994.

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2.2 Why Do We Need a Constitution?

When South Africa was becoming a democracy, different groups had different fears. The black majority demanded majority rule and socio-economic rights. The white minority wanted their property and privileges protected. The solution was a Constitution that guaranteed majority rule, protected minority rights, and ensured justice and equality.

Thus, a Constitution serves several functions:

1. It generates trust and coordination among diverse groups.
2. It specifies the structure of government and distribution of powers.
3. It limits the powers of government and protects citizens’ rights.
4. It reflects the aspirations of an ideal society.

Every democracy needs a constitution. For example, the USA framed its Constitution after independence, and France did so after its revolution. However, not every country with a constitution is necessarily democratic.

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2.3 Making of the Indian Constitution

Challenges (1947–1950)

India’s Constitution had to be drafted in the backdrop of Partition and communal violence, which killed nearly one million people. There were challenges of integrating princely states, transforming colonial “subjects” into free citizens, and ensuring political stability in a deeply divided society.

Historical Background

The idea of a constitution was not new. In 1928, Motilal Nehru and others prepared the Nehru Report. In 1931, the Karachi Session of the Congress outlined fundamental rights and universal adult franchise. The Government of India Act of 1935 and elections of 1937 also provided experience in limited self-government. Inspirations came from multiple sources: the French Revolution (liberty, equality, fraternity), British parliamentary traditions, the US Bill of Rights, and Russian socialism.

The Constituent Assembly

The Constituent Assembly, elected in July 1946, had 299 members after Partition. It was chaired by Dr. Rajendra Prasad as President. The Drafting Committee, chaired by Dr. B.R. Ambedkar, played a central role. The Assembly worked for nearly three years, held 114 sittings open to the public, and debated over 2000 amendments. The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950, celebrated as Republic Day.

The Assembly represented the diversity of India: Nehru, Patel, Ambedkar, Maulana Azad, Sarojini Naidu, Jaipal Singh (Adivasi leader), Baldev Singh (Sikh leader), Shyama Prasad Mukherjee, and many others.

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2.4 Guiding Values of the Indian Constitution

Leaders’ Vision

• Mahatma Gandhi (1931, Young India) envisioned a classless society, equality for women, and an end to untouchability.
• Dr. B.R. Ambedkar, in his concluding speech, warned of “contradictions” between political equality (one person, one vote) and social/economic inequality.
• Jawaharlal Nehru, in his speech on 15 August 1947, promised to end poverty, ignorance, and inequality, and to “wipe every tear from every eye.”

Despite different expressions, the leaders shared a common goal: ending inequality and establishing justice.

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The Preamble: Philosophy of the Constitution

The Preamble begins with “We, the People of India…” and declares India to be a Sovereign, Socialist, Secular, Democratic Republic.

• Sovereign: Independent of external control.
• Socialist: Commitment to reducing inequality and ensuring social justice (added in 1976).
• Secular: Equal respect for all religions, with no official state religion (added in 1976).
• Democratic: Government accountable to the people and based on free elections.
• Republic: Head of state is elected, not hereditary.

The objectives are Justice (social, economic, political), Liberty (of thought, expression, belief, faith, worship), Equality (of status and opportunity), and Fraternity (brotherhood, unity, and integrity of the nation).

The Preamble is regarded as the “Soul of the Constitution.”

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Important Terms (Glossary)

• Apartheid: Racial separation practiced in South Africa (1948–1994).
• Constituent Assembly: Body formed to draft a constitution.
• Draft: Preliminary version of a document.
• Constitutional Amendment: Formal change to the Constitution.
• Preamble: Introductory statement of values and guiding principles.

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Exam-Oriented Questions

Objective / MCQ

1. Apartheid was practiced in South Africa.
2. The Indian Constitution came into effect on 26 January 1950.
3. The Chairman of the Drafting Committee was Dr. B.R. Ambedkar.
4. The President of the Constituent Assembly was Dr. Rajendra Prasad.

Short Answer

1. Why do democratic countries need a Constitution?
2. What challenges did the Constituent Assembly face?
3. Explain Gandhi’s, Ambedkar’s, and Nehru’s visions for the Constitution.
4. What is meant by “Sovereign,” “Secular,” and “Republic” in the Preamble?

Long Answer

1. Compare India’s struggle for independence with South Africa’s anti-apartheid struggle.
2. Describe the making of the Indian Constitution and the role of the Constituent Assembly.
3. Why is the Preamble considered the “Soul of the Constitution”?

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