Key Concepts - Constitutional Design | Civics for Class 9 PDF Download

Democratic Constitution in South Africa

• Nelson Mandela, the South African leader of the African National Congress, fought a long battle against Apartheid.
  A Statue of Nelson Mandela pictured outside the Parliament 
  • Imprisoned for 28 years (1964–1992) emerged as the First President of the Republic of South Africa.
  • People struggled against the horrible discrimination practiced against them by the white minority rulers.
  • Apartheid finally defeated in 1994 and a new constitution made in 1996.
  • The remarkable constitution, forgot past sufferings, sought the co-operation of all the races which make S. Africa based on equality, democratic values, and social justice.

Why do we need a Constitution?

• Yes. A constitution has written laws accepted by people living together in a country.
• It generates trust and coordination.
• It specifies how a government should be constituted.
• It lays down limits on the powers of the government.
• It expresses the aspirations of the people about creating a good society.

Making of the Indian Constitution

• The process began during the national struggle for freedom.
• First draft 1928, then 1931. Motilal Nehru and 8 leaders demanded in the draft: universal adult franchise, social justice, right to freedom, and liberty.
• Participation in Provincial Legislatures helped Indians in framing their constitution.
• Leaders inspired by the French Revolution, the British parliamentary system, and the Bill of Rights of the US.
• They also learned what the British were denying Indian citizens.

First Constituent Assembly of India

• Elections to the Constituent Assembly held in July 1946.
• Dr. B.R. Ambedkar appointed chairman of the drafting committee.
• Constitution adopted on 26 November 1949, and enacted on 26 January 1950, when India became a republic.
• The Constitution reflects the best minds of the country. Its members represented mini-India. Every law was debated clause by clause and a consensus arrived at.
• It is the longest written constitution.

The Guiding Values of the Indian Constitution

• Mahatma Gandhi was not a member of the Constituent Assembly, there were many members who followed his vision.
• Writing in his magazine Young India in 1931, Gandhiji had spelt out what he wanted the Constitution to do. He visualised a country, where all communities should live in perfect harmony. India will be free from the curse of untouchability, intoxicating drinks and drugs. Men and women will enjoy the same rights.
• BR Ambedkar played a key role in the making of the Constitution but he differed with Gandhiji on how inequalities should be removed. He often bitterly criticised Mahatma Gandhi and his vision.

Philosophy of the Constitution

• The values that inspired and guided the freedom struggle formed the foundation for India's democracy.
• These values are embedded in the Preamble of the Indian Constitution.
• They guide all the articles of the Indian Constitution. The Constitution begins with a short statement of its basic values. This is called the Preamble to the Constitution.
• Most countries in the contemporary world have chosen to begin their Constitutions with a Preamble like American Constitution.
• The Preamble of the Constitution contains the philosophy on which the entire Constitution has been built. It is the soul of the Indian Constitution. 
• The Preamble of the Constitution of India reads like a poem on democracy.
• It provides a standard to examine and evaluate any law and action of the government.
• The Preamble of the Indian Constitution.