Class 9 Civics Chapter 2 Notes - Constitutional Design

• As the number of protests and struggles against apartheid increased, the South African government realized it could no longer control the black population using force. So, the white government started changing its approach:
  a) Unfair and discriminatory laws were removed.
  b) Bans on political parties and restrictions on the media were lifted.
  c) Nelson Mandela was finally released from prison after 28 years.
• On the night of 26 April 1994, South Africa got a new national flag and became a free and democratic country. The apartheid rule officially ended, and a new government was formed with people of all races.

How did this happen peacefully?

• Nelson Mandela, the first President of democratic South Africa, explained that even though people had been enemies, they were ready to forgive each other and believed in the goodness of others. This helped them move from hatred to unity.
• After becoming free, black leaders encouraged everyone, especially fellow black citizens, to forgive the white rulers for their past crimes.
• They wanted to build a new South Africa that treated everyone equally—men and women, black and white—with values of democracy, justice, and human rights.
• Both sides—the ruling party that had oppressed people and the freedom fighters—worked together to write a new constitution. After two years of discussion, they created one of the best constitutions in the world.
•  It gave South Africans the most complete set of rights seen in any country. They also agreed:
  a) No one should be left out, no matter what they did in the past.
  b) Everyone should help solve the country’s problems together.
• This spirit is reflected in the Preamble of the South African Constitution. Today, South Africa is an example of a successful democracy. 
• Once rejected by the world for being unfair and racist, it is now praised for its democratic values. This change happened because the people of South Africa were determined to work together and turn their painful history into a hopeful future.

Nelson Mandela said:

"The Constitution talks about both the past and future. It is a promise that we will never repeat the racism and cruelty of the past. But it also shows our hope to turn South Africa into a country truly shared by all people — black and white, women and men."

• The example of South Africa helps us understand the importance of a constitution.
• In South Africa, the white minority (oppressors) and the black majority (oppressed) decided to live together as equals in a new democracy.
• But it was hard for both groups to trust each other because of past injustice and fear.
• Each group wanted to protect its own interests:
  - The black majority wanted to ensure majority rule and social and economic rights.
  - The white minority wanted to protect its property and privileges.
• After long discussions, both sides agreed to a compromise:
  - Whites accepted one person, one vote and majority rule.
  - They also accepted basic rights for poor people and workers.
  - Blacks agreed that majority rule would not be absolute, and that the property of the white minority would not be taken away.
• This compromise was not easy, and people still worried:
  - What if one side broke the agreement later?
  - How could they make sure everyone followed the rules?
• The answer was to write down the rules clearly so that everyone follows them – this is called a constitution.

What Does a Constitution Do?

• A constitution is a set of written rules that everyone in a country agrees to follow.
• These rules explain:
  a) How the leaders (rulers) will be chosen.
  b) What powers the government will have and what it cannot do.
  c) What rights the citizens will have.
• These rules must be protected so that the winning group in an election can’t easily change them.
• This is what South Africans did – they agreed on basic rules that no government can ignore, and these rules became their constitution.

Do Only Countries Need Constitutions?

• Not just South Africa – every country needs a constitution because different people have different views and interests.
• Even if their differences are not as serious as in South Africa, they still need clear rules to live and work together.
• This doesn’t apply only to countries. Clubs, societies, and political parties also need constitutions to function smoothly.

What is a Constitution?

A set of written rules agreed upon by all people in a country. The highest law that:

• Defines the relationship between citizens and government.
• Defines the relationship among citizens themselves.

Main Functions of a Constitution:

1. Builds Trust and Unity: Helps different groups of people live together peacefully.

2. Explains Government Structure: Tells us how the government will be formed and who will take what decisions.

3. Limits Government Power: Ensures the government does not misuse power and clearly defines the rights of the people.

4. Expresses People's Dreams: Shows what kind of society people want to create – fair, equal, and just.

Do All Countries Have Constitutions?

• Not all countries with constitutions are democratic. But all democratic countries must have a constitution.
• Example:
  - After winning independence from Britain, America created a constitution.
  - After their revolution, the French people also adopted a democratic constitution.
• Since then, it has become common practice for democracies to have a written constitution.

Making of the Indian Constitution

• The Indian Constitution represents the collective agreement of many people at the time, not just a few individuals.
• It has been respected and upheld, unlike some countries that had to completely rewrite their constitutions.
• No significant group or political party has ever questioned the legitimacy of the Constitution itself, which is quite remarkable.
• The Constituent Assembly was not directly elected by all citizens due to the absence of universal suffrage but was elected by members of the Provincial Legislatures.
• This ensured a diverse representation from various regions, languages, castes, classes, religions, and occupations.
• The assembly worked in an orderly and transparent manner, agreeing on fundamental principles.
• A committee headed by Dr. B.R. Ambedkar was responsible for drafting the Constitution.
• They meticulously discussed the draft, considering over two thousand amendments.
• The discussions were meticulously documented in the ‘Constituent Assembly Debates,’ which span 12 volumes.
• These debates provide detailed explanations for each part of the Constitution and assist in its interpretation.

• A constitution is not just a document that lists values and ideals.
• It mainly turns these values into actual systems and rules for running the country.
• The Indian Constitution contains detailed instructions about how the government should work.
• It is a very long and detailed document.
• Because society and people's needs keep changing, the Constitution needs to be updated regularly.
• The people who wrote the Indian Constitution believed that it should match the hopes and changes of society.
• They did not treat it as a holy or unchangeable law.
• So, they included ways to make changes in the Constitution when needed.
• These changes are known as constitutional amendments.
• The Constitution uses formal legal language to describe how institutions should work.
• If someone reads it for the first time, it might be hard to understand.
• However, the basic structure of how it works is not too hard to grasp.
• Like other constitutions, the Indian Constitution explains how leaders are chosen to govern the country.
• It also explains how much power each leader or group will have and what decisions they can make.
• It sets boundaries on the government's powers by giving citizens certain rights that cannot be taken away.

Some of the members of the Constituent Assembly were:

Difficult Words

1. Apartheid: A policy or system of segregation or discrimination on grounds of race, which was formerly practiced in South Africa against non-white citizens.
2. Constituent Assembly: A body composed of members elected to draft or adopt a new constitution or reform an existing one.
3. Universal Adult Suffrage: The right of citizens in a given society who are entitled to vote in an election to do so; typically, this term refers to all adults, without regard to race, sex, belief, or social status.
4. Preamble: An introductory statement in a document that explains the document's purpose and underlying philosophy.
5. Sovereign: Possessing supreme or ultimate power. In the context of a country, it means independent and having the right to govern itself.
6. Secular: The principle of separation of the government from religious institutions.
7. Socialist: In the context of the Indian Constitution, it refers to an economic system where the government or the public as a whole has ownership and control of the means of production and distribution of goods.
8. Republic: A state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.
9. Fraternity: A sense of brotherhood and unity among all citizens.
10. Amendments: Changes or additions that are made to a constitution or a law.
11. Bill of Rights: A formal declaration of the legal and civil rights of the citizens of any state, country, federation, etc. 
12. Judiciary: The judicial authorities of a country; the system of courts that interprets and applies the law in legal cases.
13. Multi-party System: A system of government in which multiple political parties have the capacity to gain control of government offices, independently or in coalition.
14. Parliamentary Democracy: A form of government in which the executive derives its legitimacy from its ability to command the support of the legislature, typically a parliament, to which it is accountable.
15. Constitutional Monarchy: A system of government in which a monarch (king or queen) acts as the Head of State within the parameters of a constitution.