Ch2: Constitutional Design
1.Struggle Against Apartheid:
● Apartheid was a system of racial discrimination imposed by white Europeans upon
South Africa
● The system of apartheid divided the people and labelled them on the basis of their skin
colour. The natives of south africa were called the “blacks”. People of mixed races were
called “coloureds”, and people who migrated from India called Indians. All of these non-
whites were regarded as inferior and did not have voting rights
● The Natives were the most oppressed; they were forbidden from living in white areas,
they could only work in white areas with a permit, they had separate trains, buses, taxis,
hotels, hospitals and other services as whites. This was called segregation
● Since the 1950s the non-whites have fought against the apartheid through protests. The
African National Congress led the struggle against the segregation policies.
● As protests increased, the white regime changed its policies. Discriminatory laws were
repealed. After 28 years, Nelson Mandela walked out of the jail as a free man.
● Midnight of 26th April 1994, the newly born democracy of Africa came to be.
● Black leaders appealed to fellow black citizens to forgive the Europeans for the atrocities
they had committed, to build a new south africa with equality for all races
● After two years, they came out with one of the world's finest constitutions.
2.Why do we need a constitution?
● The constitution of a country is a set of written rules that are accepted by all people living
together in a country.
● It generates a degree of trust and coordination that is needed for a group of different
people living together
● It specifies how the government will be constituted; who will have the power to take
which decisions
● It limits the powers of the government and tells us what the rights of the citizens are
● It expresses the aspirations of the citizens about creating a good society
3.Making of the Indian Constitution:
● India’s constitution was formed under very difficult circumstances. The country was born
through a partition which led to the killing of at least 10 lakh people on each side of the
partition
● India did not have to create a consensus of what a democratic india should look like as
much of it had already evolved during the freedom struggle
● There were sharp differences of opinion during the freedom struggle, of what a
democratic India should look like, but some basic ideas were accepted by almost
everyone
● In 1928, Motilal Nehru and eight other congressmen drafted a constitution for India
● The experience gained by Indians in the working of legislative institutions of British India
proved to be very useful for the country in setting up its own institutions. Thus the Indian
Constitution adopted many details from colonial laws such as the Government of India
Act, 1935
● Our leaders gained confidence to learn from other countries; we were inspired by the
ideals of the French Revolution, the Bill of Rights in the US, the parliamentary
democracy in Britain, and the socialist revolution in Russia
4.The constituent assembly:
● The constitution was developed by a group of elected representatives called the
Constituent Assembly
● Elections for the assembly were held in July ‘46, and the first meeting was held in
December ‘46,
● After the India-Pakistan partition, the assembly was also divided into the Constituent
Assembly of India and the Constituent Assembly of Pakistan
● The Assembly which wrote the Indian constitution has 299 members in it. The assembly
adopted the constitution on 26th November of ‘49, but it came into effect on 26th
January of ‘50. Thus, 26th January is celebrated in India as republic day
● The process was; some basic principles were decided, then a drafting committee
chaired by Dr. B.R. Ambedkar prepared a draft of the constitution. Several rounds of
thorough discussion were undergone, more than 2000 amendments were considered.
Everything discussed in these meetings was recorded and preserved by the name of
Constituent Assembly Debates
5.Guiding Values Of the Indian Constitution
1. Sovereign
● India is a sovereign country, meaning it is fully independent and free from external
control. It has the authority to make its own laws, decisions, and policies, both
domestically and internationally.
2. Socialist
● The term socialist indicates that India aims to reduce inequality in wealth and status.
The Constitution promotes policies that ensure equal distribution of wealth and
resources to eliminate poverty and provide equal opportunities for all citizens.
3. Secular
● Secularism means that the Indian state does not uphold any particular religion as a
state religion. All religions are treated equally, and every citizen is free to practice,
preach, and propagate their religion without fear of discrimination.
4. Democratic
● India is a democratic republic, where citizens elect their leaders through free and fair
elections. Democracy ensures that the government is accountable to the people and that
citizens have fundamental rights like freedom of speech, expression, and participation in
government.
5. Republic
● India is a republic, meaning the head of state (the President) is elected rather than
being a hereditary monarch. This ensures that no positions of power are passed down
by family lineage.
6. Justice
● The Constitution guarantees justice in social, economic, and political aspects. It aims to
provide equal opportunities to everyone and ensure that no one is discriminated against
based on caste, religion, gender, or wealth.
7. Liberty
● The Constitution provides liberty of thought, expression, belief, faith, and worship to all
citizens. This ensures that people have the freedom to think and express themselves
without any restrictions, as long as they do not harm others.
8. Equality
● Equality is one of the core values, ensuring that all citizens are treated equally before
the law and have equal access to opportunities, regardless of their background. Special
provisions are also made to uplift disadvantaged groups.
9. Fraternity
● The value of fraternity promotes the sense of brotherhood and unity among the people
of India. It emphasizes the importance of treating each other with dignity and respect to
maintain national integrity and solidarity.
10. Dignity of the Individual
● The Constitution upholds the dignity of the individual, ensuring that every person is
treated with respect and that their rights and freedoms are protected.
11. Unity and Integrity of the Nation
● The Constitution emphasizes the unity and integrity of India, meaning that the
country's territorial integrity and sovereignty must be preserved, and all citizens must
work toward national unity.
Preamble
● The Preamble to the Constitution reflects these values and serves as an introduction,
setting the stage for the guiding principles of the Indian state. It is the soul of the
constitution.
These values collectively shape Indian democracy and its legal and political framework,
ensuring that the rights of citizens are protected and the country progresses as a just and fair
society.
