Constitutional Design ||Political Science|| Chapter 2 Notes

Constitutional Design ||Political Science|| Chapter 2 Notes

1. Democratic Constitution in South Africa

a) Apartheid System

  • South Africa was ruled by a white minority, and the apartheid system was a policy of racial segregation.
  • Under apartheid, non-white people (Blacks, Indians, and Coloureds) were discriminated against. They were denied basic rights, forced to live in restricted areas, and could not vote.
  • The apartheid regime severely restricted freedoms and forced non-white people to work in low-paying jobs.

b) Struggle Against Apartheid

  • The people of South Africa fought long and hard against apartheid.
  • Nelson Mandela became the most prominent leader of this struggle. He, along with many other leaders, was imprisoned for years.
  • Internal protests, strikes, and international pressure eventually forced the South African government to dismantle apartheid.
  • In 1994, Nelson Mandela was released from prison, and South Africa became a democratic country where all citizens had equal rights.

c) New Constitution of South Africa

  • After apartheid ended, leaders of different racial groups sat together to write a new constitution.
  • The new South African Constitution guaranteed equal rights for all citizens, regardless of race.
  • It included important provisions to protect human rights and ensure democracy, justice, and equality.

The story of South Africa provides an important lesson on how a country can transition to democracy through a constitution that upholds the rights and dignity of its citizens.

2. Why Do We Need a Constitution?

A constitution is a set of written rules that define the structure and powers of the government and outline the rights and duties of the citizens. It plays a crucial role in any democracy.

a) Provides Framework for Governance

  • A constitution lays down the basic rules that everyone in the country must follow. It provides the framework for how the government will be structured and how it will function.

b) Limits the Power of the Government

  • A constitution ensures that the powers of the government are limited. This prevents the government from abusing its power.

c) Protects the Rights of Citizens

  • A constitution guarantees fundamental rights to citizens and provides them with protections against any potential misuse of power by the government.

d) Guides in Conflict Resolution

  • A constitution acts as a guiding document to resolve conflicts that arise between different communities, social groups, or between the government and citizens.

e) Reflects People’s Aspirations

  • A constitution reflects the values, goals, and aspirations of the people. It expresses the shared vision of what kind of society the country seeks to become.

3. Making of the Indian Constitution

a) Historical Background

  • After India gained independence in 1947, the country needed a constitution to guide its governance as a democratic republic.
  • The Constituent Assembly was formed in 1946 to draft the Constitution of India.

b) Constituent Assembly

  • The Constituent Assembly consisted of 299 members, representing different parts of the country and various communities. These members debated and discussed the framework of the new constitution.
  • Dr. B.R. Ambedkar was the Chairman of the Drafting Committee and played a major role in framing the Indian Constitution.

c) Drafting Process

  • The Assembly took almost three years to draft the Constitution. It was adopted on 26 November 1949 and came into effect on 26 January 1950 (celebrated as Republic Day).
  • The drafting process involved multiple discussions and debates. Many of India’s leaders contributed to ensuring the Constitution was democratic and inclusive.

d) Influences on the Indian Constitution

  • The makers of the Indian Constitution borrowed ideas from several other constitutions around the world:
    • Parliamentary system from the British Constitution.
    • Fundamental Rights from the U.S. Constitution.
    • Directive Principles of State Policy from the Irish Constitution.
    • Federal structure from Canada’s Constitution.
    • Emergency provisions from Germany’s Weimar Constitution.

4. Key Features of the Indian Constitution

The Indian Constitution is one of the longest constitutions in the world and is known for its detailed provisions. Here are some of its key features:

a) Preamble

  • The Preamble is the introduction to the Constitution. It outlines the objectives and values the Constitution seeks to promote, such as justice, liberty, equality, and fraternity.

b) Sovereign, Socialist, Secular, Democratic Republic

  • Sovereign: India is an independent country with the power to make its own decisions.
  • Socialist: The government strives to reduce inequalities in income, status, and opportunities.
  • Secular: The state has no official religion and treats all religions equally.
  • Democratic: The people of India elect their representatives who govern on their behalf.
  • Republic: The head of the state is an elected representative (the President), not a hereditary monarch.

c) Fundamental Rights

  • The Constitution guarantees Fundamental Rights to all citizens, ensuring equality, freedom, and protection against discrimination.
  • These rights include the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

d) Directive Principles of State Policy

  • The Directive Principles of State Policy are guidelines for the government to promote the welfare of the people. They are non-justiciable (not legally enforceable), but they reflect the goals of social justice, economic equality, and improving the quality of life for citizens.

e) Separation of Powers

  • The Constitution provides for the separation of powers between the Legislature (Parliament), Executive (Government), and Judiciary (Courts) to ensure no single body has absolute power.

f) Federalism

  • India is a federal country, meaning power is divided between the central government and state governments. However, the Constitution also has unitary features (strong central government) during emergencies.

g) Universal Adult Franchise

  • Every citizen of India, aged 18 years or above, has the right to vote. This ensures that the government is accountable to the people through regular elections.

5. Amendments to the Constitution

The Indian Constitution is flexible and can be amended to adapt to changing needs. However, the process of amending the Constitution involves careful steps to ensure that changes are made thoughtfully.

  • Amendments can be made by the Parliament with a two-thirds majority in both houses.
  • So far, several amendments have been made, such as the 73rd and 74th Amendments that gave more power to local governments (Panchayats and Municipalities).

6. Significance of the Indian Constitution

  • The Constitution of India is a living document that reflects the aspirations of the people. It provides a strong foundation for democracy, ensuring justice, equality, and freedom for all citizens.
  • It has successfully guided the country through various challenges, including social inequality, regional conflicts, and economic disparities.

7. Challenges to Constitutional Ideals

Although the Indian Constitution guarantees rights and sets high ideals, there are still challenges:

  • Caste and Religious Discrimination: Despite the constitutional promise of equality, caste and religion-based discrimination still exist in parts of India.
  • Poverty and Inequality: Economic inequality remains a challenge to the realization of constitutional ideals.
  • Political Corruption: Corruption and the misuse of power by elected representatives often hinder the proper functioning of democracy.

Summary:

The chapter on Constitutional Design provides a comprehensive understanding of how the constitution is a vital document that ensures democratic governance. The Indian Constitution is designed to protect the rights of individuals, promote justice and equality, and provide a framework for a democratic government. The chapter also draws parallels between India’s journey to a democratic constitution and the story of South Africa, highlighting the importance of freedom, equality, and justice in both cases.