CONSTITUTIONAL DESIGN: AN OVERVIEW

A constitution serves as the supreme law of a country, outlining the basic rules that both citizens and the government must follow. It defines the rights of citizens, the powers of the government, and how the government should operate.

Key questions about constitutional design include:

Why is a constitution needed?
How are constitutions drafted?
Who designs them and by what methods?
What values shape constitutions in democratic states?
Can a constitution be changed after its acceptance to adapt to new conditions?

2.1 DEMOCRATIC CONSTITUTION IN SOUTH AFRICA

The recent process of designing a constitution for a democratic state in South Africa provides a significant example.

Struggle Against Apartheid

Nelson Mandela's Imprisonment: Nelson Mandela, a key figure in the struggle, was sentenced to life imprisonment in 1964 for opposing the apartheid regime and spent 27 years in Robben Island prison. His ideal was a democratic and free society with harmony and equal opportunities for all, an ideal he was prepared to die for.
Nature of Apartheid: Apartheid was a system of racial discrimination unique to South Africa, imposed by white Europeans who had settled there and become local rulers after occupying the region with force in the 17th and 18th centuries.
Divisions and Discrimination: The system divided people based on skin colour:
- Native South Africans, primarily black, constituted about three-fourths of the population.
- People of mixed races were termed 'coloured'.
- People who migrated from India were also a group.
- All non-whites were treated as inferiors and did not have voting rights.
Oppressive Practices: Apartheid was particularly oppressive for blacks. They were:
- Forbidden from living in white areas.
- Required to have permits to work in white areas.
- Subjected to segregation in public facilities, including trains, buses, taxis, hotels, hospitals, schools, colleges, libraries, cinema halls, theatres, beaches, swimming pools, and public toilets, which were all separate for whites and blacks.
- Even forbidden from visiting churches where whites worshipped.
- Denied the right to form associations or protest against the treatment.
Resistance Movement: Since 1950, blacks, coloured people, and Indians actively fought against apartheid through protest marches and strikes. The African National Congress (ANC) was the main organization leading this struggle, encompassing workers’ unions and the Communist Party. Many sympathetic whites also joined the ANC. Despite international condemnation of apartheid as unjust and racist, the white racist government continued its rule through detentions, torture, and killings.

Towards a New Constitution

Shift in White Regime's Policy: As protests intensified, the white government recognized it could no longer sustain its repressive rule over blacks.
Dismantling Apartheid: Discriminatory laws were repealed, bans on political parties were lifted, and media restrictions were removed. Nelson Mandela was freed after 28 years of imprisonment.
Birth of Democracy: On April 26, 1994, South Africa unfurled its new national flag, marking the establishment of a new democracy and the end of the apartheid government, leading to the formation of a multi-racial government.
Spirit of Reconciliation: Nelson Mandela, as the first president of the new South Africa, emphasized the willingness of former historical enemies to negotiate a peaceful transition by accepting the "inherent capacity for goodness in the other". Black leaders appealed for forgiveness towards whites for past atrocities, advocating for a new South Africa based on equality of all races, genders, democratic values, social justice, and human rights.
The South African Constitution: The party that ruled through oppression and the party that led the freedom struggle collaborated to draft a common constitution. After two years of discussion, they produced a constitution that granted citizens some of the most extensive rights worldwide. This constitution embodies a spirit of inclusivity, ensuring nobody is excluded or demonized in the search for solutions, with everyone participating in building the future.
Global Inspiration: The South African constitution is seen as a model of democracy globally, having transformed a state once denounced as undemocratic. This change was possible due to the determination of South Africans to work together and convert bitter experiences into the "binding glue of a rainbow nation".
Mandela's Vision for the Constitution: Mandela stated that the South African Constitution serves as a "solemn pact" to prevent a repetition of the racist, brutal, and repressive past, and also as a "charter for the transformation" of the country into one truly shared by all its people, black and white, women and men.

2.2 WHY DO WE NEED A CONSTITUTION?

The South African example illustrates the crucial reasons for needing a constitution.

The Role of a Constitution

Building Trust and Coordination: For diverse groups of people, especially those with a history of conflict (like the oppressor and oppressed in South Africa), a constitution generates the trust and coordination necessary to live together as equals. The black majority wanted to ensure majority rule and social/economic rights, while the white minority sought to protect privileges and property.
Establishing Rules for Governance: It lays down the rules for how rulers are chosen, defining the powers and limitations of elected governments.
Defining Citizen Rights: It explicitly states the rights of citizens, ensuring they cannot be violated by the government.
Expressing Aspirations: A constitution expresses the aspirations of the people for creating a good society.
Durability and Supremacy: These rules are designed to be supreme and not easily changed by the winning party, providing a guarantee against future breaches of trust.
Universal Need: While not all countries with constitutions are democratic, all democratic countries have constitutions. Even non-governmental associations like clubs, cooperative societies, or political parties need a constitution (rule book). Historically, countries like the USA (after the War of Independence) and France (after the Revolution) adopted written democratic constitutions, establishing a practice for democracies.

2.3 MAKING OF THE INDIAN CONSTITUTION

India's Constitution was also crafted under challenging circumstances, yet benefited from a pre-existing consensus.

Difficult Circumstances

Partition and Violence: India, a vast and diverse country, was born through a traumatic partition based on religious differences, resulting in approximately ten lakh (one million) deaths on both sides of the border.
Princely States Integration: The British departure left princely states with the choice to merge with India, Pakistan, or remain independent, making their integration a difficult and uncertain task.
Anxieties about the Future: The framers of the constitution faced anxieties about the country's immediate present and future.

The Path to Constitution: Consensus and Influences

Pre-Independence Consensus: Unlike South Africa, India had a significant advantage: a broad consensus on what a democratic India should look like, which had evolved during the freedom struggle.
- Early Drafts: As early as 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India. In 1931, the Karachi session of the Indian National Congress outlined what an independent India's constitution should include.
- Shared Values: Both documents were committed to universal adult franchise, the right to freedom and equality, and the protection of minority rights. These basic values were accepted by leaders well before the Constituent Assembly convened.
Influence of Colonial Rule: Experience gained by Indians working in the weak legislative institutions introduced by the British (e.g., Provincial Legislatures and Ministries after elections in 1937) proved useful for setting up India's own institutions. Many institutional details and procedures were adopted from colonial laws like the Government of India Act, 1935.
Global Inspirations, Indian Terms: Years of deliberation allowed leaders to confidently learn from other countries, but on their own terms. Inspirations included:
- Ideals of the French Revolution
- Practice of parliamentary democracy in Britain
- Bill of Rights in the US
- Socialist revolution in Russia (inspiring thoughts on social and economic equality)
- However, they critically assessed whether these suited India, avoiding simple imitation.

The Constituent Assembly

Formation and Composition:
- The constitution was drafted by the Constituent Assembly, an assembly of elected representatives.
- Elections were held in July 1946, and its first meeting was in December 1946.
- After the country's partition, the Assembly was divided, with the Indian Constituent Assembly having 299 members.
Adoption and Enforcement:
- The Assembly adopted the Constitution on November 26, 1949.
- It came into effect on January 26, 1950, celebrated annually as Republic Day.
Legitimacy and Acceptance: The Indian Constitution's continued acceptance over seven decades is attributed to several factors:
- Broad Consensus: It reflected a broad consensus of its time, not just the views of its members. Unlike many other countries, its basic rules were acceptable to major social groups and political parties.
- Representative Nature: Despite not being directly chosen by universal adult franchise at the time, the Constituent Assembly represented the people of India. Its members were mainly elected by existing Provincial Legislatures, ensuring fair geographical representation from all regions.
- Diversity of Opinion: Although the Indian National Congress dominated, it included diverse political groups and opinions, and many members disagreed with the Congress. The Assembly also represented various language groups, castes, classes, religions, and occupations, suggesting its composition would not have been significantly different even with universal adult franchise.
- Systematic and Consensual Working: The Assembly worked in a systematic, open, and consensual manner, giving sanctity to the Constitution.
  - Basic principles were first decided.
  - A Drafting Committee, chaired by Dr. B.R. Ambedkar, prepared the draft.
  - Thousands of amendments (over 2000) were considered during several rounds of thorough clause-by-clause discussions.
  - Members deliberated for 114 days over three years.
  - All discussions and documents are recorded as 'Constituent Assembly Debates' (12 bulky volumes), providing the rationale for every provision and aiding in interpretation.

2.4 GUIDING VALUES OF THE INDIAN CONSTITUTION

The philosophy of the Indian Constitution is derived from the values of the freedom struggle and is articulated in its Preamble.

The Dream and the Promise (Views of Leaders)

Mahatma Gandhi's Vision (from Young India, 1931):
- Desired a constitution that would "release India from all thralldom and patronage".
- Envisioned an India where the poorest feel they have an effective voice in its making.
- Sought an India with no high or low classes, where all communities live in perfect harmony.
- Strongly opposed untouchability, intoxicating drinks and drugs.
- Stressed that women should enjoy the same rights as men.
Dr. B.R. Ambedkar's Concerns (Concluding speech to Constituent Assembly):
- Shared the dream of eliminating inequality but differed on how.
- Expressed anxiety about entering a "life of contradictions" on January 26, 1950: political equality (one man one vote, one vote one value) coexisting with social and economic inequality (denial of "one man one value").
- Warned that continuing to deny social and economic equality would "put our political democracy in peril".
Jawaharlal Nehru's 'Tryst with Destiny' Speech (August 15, 1947):
- Acknowledged India's historical pledge and the moment of transition from "old to the new," where the nation's suppressed soul finds utterance.
- Emphasized that freedom brings responsibility upon the Assembly, a sovereign body representing the sovereign people.
- Stated that the future demands incessant striving to fulfill pledges, particularly the service of the suffering millions.
- The core ambition is the "ending of poverty and ignorance and disease and inequality of opportunity," striving to "wipe every tear from every eye".

Philosophy of the Constitution: The Preamble

Inspiration: The Preamble to the Indian Constitution, like many contemporary constitutions, draws inspiration from the American model.
Significance: It is a short statement of the Constitution's basic values, acting as its "soul" and providing a standard to evaluate any law or government action. It encapsulates the philosophy upon which the entire Constitution is built.
Key Words and Their Meanings:
- WE, THE PEOPLE OF INDIA: Signifies that the constitution was drawn up and enacted by the people through their representatives, not imposed by any external authority or ruler.
- SOVEREIGN: India has the supreme right to make decisions on both internal and external matters, without dictation from any external power.
- SOCIALIST: (Added by the 42nd Constitutional Amendment in 1976) Implies that wealth is generated socially and should be shared equally by society. The government should regulate the ownership of land and industry to reduce socio-economic inequalities.
- SECULAR: (Added by the 42nd Constitutional Amendment in 1976) Citizens have complete freedom to follow any religion, and 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, hold them accountable, and the government operates according to basic rules.
- REPUBLIC: The head of the state is an elected person, not someone holding a hereditary position.
- JUSTICE: Citizens cannot be discriminated against based on caste, religion, or gender. Social inequalities must be reduced, and the government should work for the welfare of all, especially disadvantaged groups.
- LIBERTY: There are no unreasonable restrictions on citizens' thoughts, expression of thoughts, or the way they pursue their thoughts in action.
- EQUALITY: All individuals are equal before the law. Traditional social inequalities must be abolished, and the government should ensure equal opportunity for all.
- FRATERNITY: All citizens should behave as if they are members of the same family, and no one should treat another citizen as inferior.

INSTITUTIONAL DESIGN

A constitution is not just about values and philosophy; it also embodies these values into institutional arrangements.

The Indian Constitution is a long and detailed document, requiring regular amendments to stay updated and align with people's aspirations and societal changes. These changes are called constitutional amendments.
The creators of the Indian Constitution did not view it as a sacred, static, or unalterable law, making provisions for changes over time.
It lays down procedures for choosing governors, defines the power distribution for decision-making, and sets limits on government power by providing inviolable rights to citizens.

GLOSSARY

Apartheid: The official policy of racial separation and mistreatment of blacks followed by the South African government between 1948 and 1989.
Clause: A distinct section of a document.
Constituent Assembly: An assembly of people’s representatives that writes a constitution for a country.
Constitution: Supreme law of a country, containing fundamental rules governing the politics and society in a country.
Constitutional Amendment: A change in the constitution made by the supreme legislative body in a country.
Draft: A preliminary version of a legal document.
Philosophy: The most fundamental principles underlying one’s thoughts and actions.
Preamble: An introductory statement in a constitution which states the reasons and guiding values of the constitution.
Treason: The offense of attempting to overthrow the government of the state to which the offender owes allegiance.
Tryst: A meeting or meeting place that has been agreed upon.

✅ Main Keywords (Primary Focus):

Constitutional Design Class 9
Class 9 Civics Chapter 3
Making of the Indian Constitution
CBSE 2025 Civics Notes
NCERT Solutions Class 9 Civics

✅ LSI Keywords (Related Keywords):

Indian Constitution
Features of Indian Constitution
Nelson Mandela and South Africa
Importance of Constitution
Philosophy of Constitution
Constituent Assembly
Preamble to the Constitution
Democratic government setup
Class 9 Political Science

#ConstitutionalDesign, #Class9Civics, #CBSE2025, #NCERTSolutions, #IndianConstitution, #SocialScienceNotes, #PoliticalScience, #ConstituentAssembly, #CivicsMadeEasy, #BoardExamPrep

Search This Blog

Seshu cheera

Constitutional Design Class 9 Civics | Chapter 3 Overview | CBSE 2025-26 Social Science