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Constitutional Design
Summary in Detail:
This chapter explains how a constitution is designed in a democratic country, especially using the example
of South Africa and India. It discusses why we need a constitution, how it is framed, and the importance of
constitutional values like equality, liberty, and justice.
🔴 1. Introduction with South Africa’s Story:
South Africa was under apartheid, a system of racial discrimination. Non-whites (Blacks, Indians, and
coloured people) had no political rights.
Nelson Mandela and many others fought against this system. After years of struggle, apartheid ended in
1994.
Mandela became the first Black President of democratic South Africa.
The new leaders created a Constitution that gave equal rights to all citizens, regardless of race.
📌 Moral of the story: Even after years of injustice, a nation can heal and create a fair system through a
democratic constitution.
🔴 2. Why Do We Need a Constitution?
A constitution is a set of rules and principles that guides a country on how it should be governed.
It performs 4 key functions:
1. Lays out the structure of the government.
2. Defines the powers and responsibilities of government institutions.
3. Establishes the rights of citizens.
4. Expresses the aspirations and values of the people.
✅ Example: In India, the Constitution ensures equality before law, freedom of speech, religious freedom, and
universal adult franchise.
🔴 3. Making of the Indian Constitution:
After independence in 1947, India needed a new set of rules for governance. So, a Constituent Assembly was
formed.
The Constituent Assembly had 299 members.
It first met on December 9, 1946.
The final Constitution was adopted on 26th November 1949.
It came into effect on 26th January 1950 (celebrated as Republic Day).
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🔴 4. Guiding Values of the Indian Constitution:
These values were inspired by:
India’s freedom struggle (against British rule)
Ideas of leaders like Gandhiji, Ambedkar, Jawaharlal Nehru, etc.
Global examples like the French Revolution, American Constitution, South African struggle, etc.
🔴 5. The Preamble of the Constitution:
The Preamble is the introduction to the Constitution. It reflects the philosophy and aims of the document.
📝 The Preamble declares India to be a:
Sovereign – Free to make its own decisions.
Socialist – Fair distribution of wealth.
Secular – No official religion; all religions are respected.
Democratic – Government is elected by the people.
Republic – Head of state is elected, not hereditary.
🎯 It promises:
Justice – Social, economic, political
Liberty – Thought, expression, belief, faith, and worship
Equality – Of status and opportunity
Fraternity – Promoting brotherhood and unity
🔴 6. Institutional Design:
The Constitution also defines:
Three organs of government: Legislature, Executive, Judiciary
Federalism – Power is divided between the central and state governments
Fundamental Rights – Like freedom of speech, right to equality, etc.
Directive Principles – Guidelines for making laws that aim for social welfare
🔎 Conclusion:
The chapter teaches us how important a Constitution is in building and maintaining a just and fair society. It is
not just a legal document but a blueprint for governance, a mirror of the people's dreams, and a guardian of
citizens’ rights.
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VSA [Marks-1] (Answer in about 20 words)
1. How did the policy of apartheid divide the South Africans?
Apartheid divided people by race. Whites enjoyed privileges, while Blacks and non-whites faced
discrimination, restrictions, and no political rights.
2. Name some international events that inspired the Constitution making in India.
The French Revolution, American independence, and struggles against British colonialism inspired
India’s constitutional values of liberty, equality, and justice.
3. Who was the provisional Chairman of the Constituent Assembly?
Dr. Sachchidananda Sinha was the provisional Chairman of the Constituent Assembly of India.
4. Where was Nelson Mandela imprisoned by the white South African government?
Nelson Mandela was imprisoned for 27 years at Robben Island by the white South African government.
5. When did the Assembly adopt the Indian Constitution?
The Constituent Assembly adopted the Indian Constitution on 26th November 1949.
6. What is the necessity of preserving the Constituent Assembly debates?
They help us understand the Constitution’s vision, debates, and the intent behind its laws for future
interpretations.
7. Who was the first Prime Minister of India?
Pandit Jawaharlal Nehru was the first Prime Minister of independent India.
8. Name one leader who was part of the Bengal Legislative Assembly.
Dr. Rajendra Prasad was associated with the Bengal Legislative Assembly.
9. ‘At the stroke of the midnight hour...’ Whose words are these?
These are the famous words of Pandit Jawaharlal Nehru from his "Tryst with Destiny" speech.
10. Name some important members of the Constituent Assembly.
Dr. B.R. Ambedkar, Jawaharlal Nehru, Sardar Vallabhbhai Patel, Maulana Azad, and Dr. Rajendra
Prasad were key members.
SA [Marks-3] (Answer in about 60 words)
11. How did the apartheid government come to an end?
The apartheid system ended due to internal protests and international pressure. Nelson Mandela led a
long struggle against racial discrimination. The African National Congress and global sanctions pushed
South Africa toward negotiations. In 1994, democratic elections were held and Mandela became the first
Black President, symbolizing the end of apartheid.
12. Does the South African Constitution follow the principle of democracy?
Yes, it does. The South African Constitution ensures equal rights, justice, and freedom for all, regardless
of race. It includes provisions for a democratic government, human rights, and an independent judiciary.
It was created through consultations and reflects democratic values like participation, equality, and
dignity.
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13. Does the club in your locality need a constitution? How is it different from the constitution of a
country?
Yes, a club needs a constitution to define its rules and functions. However, a country's constitution is
more comprehensive. It defines the political structure, rights of citizens, and powers of government,
while a club’s constitution is limited to its members and activities.
14. What factors helped the Indian leaders to develop the Indian Constitution?
Factors included freedom struggle experience, influence of British legal system, international examples,
and values like democracy, equality, and secularism. Leaders like Nehru, Ambedkar, and Gandhi
emphasized social justice and unity in diversity.
15. What is the necessity of preserving the Constituent Assembly debates?
These debates reflect the vision, logic, and intent behind constitutional provisions. They help judges,
lawyers, and citizens interpret the Constitution accurately. They also serve as a historical guide to India's
foundational values.
16. Why does a democratic country like India need a constitution?
A constitution defines the framework of governance, limits power, protects citizens’ rights, and ensures
justice and equality. It reflects the will of the people and maintains democratic order.
LA [Marks-5] (Answer in about 120 words)
22. Describe the efforts undertaken in the making of the Indian Constitution.
The making of the Indian Constitution was a historic task led by the Constituent Assembly, which
included representatives from all sections of society. It first met on 9th December 1946 and took nearly
three years to complete its work. Dr. B.R. Ambedkar was appointed Chairman of the Drafting
Committee and played a key role. The Assembly held 11 sessions over 165 days. Extensive debates
were held to ensure that every part of the Constitution reflected the aspirations of the people. The
Constitution was influenced by global examples like the US Bill of Rights and the British Parliamentary
system. The final draft was adopted on 26 November 1949 and came into force on 26 January 1950.
23. Explain the vision of Mahatma Gandhi about a free and independent India.
Mahatma Gandhi envisioned an India where everyone enjoyed equality, justice, and dignity. He
emphasized self-reliance, non-violence, and social harmony. According to him, freedom must reach the
poorest, and democracy should ensure equality without discrimination of caste, religion, or gender.
Gandhi wanted village-level self-governance and upliftment of marginalized communities. His ideals
shaped the constitutional goals of justice, liberty, equality, and fraternity.
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24. How did a new constitution in South Africa come into being?
South Africa adopted a new Constitution after decades of racial discrimination under apartheid. Under
Nelson Mandela’s leadership, both Blacks and Whites agreed to work together. Extensive discussions
and compromise led to the drafting of a Constitution ensuring equal rights for all, regardless of race. The
Constitution was based on values like democracy, equality, and human dignity. It marked a peaceful
transition from apartheid to a multiracial democratic government in 1994.
25. Do you find a commonality between Nelson Mandela of South Africa and Mahatma Gandhi of
India?
Yes, both leaders believed in non-violence and peaceful protests. They fought against injustice—Gandhi
against British rule and Mandela against apartheid. Both emphasized equality, human rights, and
freedom. They inspired millions with their courage, sacrifice, and dedication to justice. Their ideologies
influenced the constitutions of their respective countries and remain guiding lights for democratic values
worldwide.
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