Constitutional Design PDF

CHAPTER 2 CONSTITUTIONAL DESIGN OVERVIEW We noted in the previous chapter that in a democracy the rulers are not free to do what they like. There are certain basic rules that the citizens and the government have to follow. All such rules together are called constitution. As the supreme law of the...

CHAPTER 2 CONSTITUTIONAL DESIGN OVERVIEW We noted in the previous chapter that in a democracy the rulers are not free to do what they like. There are certain basic rules that the citizens and the government have to follow. All such rules together are called constitution. As the supreme law of the country, the constitution determines the rights of citizens, the powers of the government and how the government should function. In this chapter we ask some basic questions about the constitutional design of a democracy. Why do we need a constitution? How are the constitutions drawn up? Who designs them and in what way? What are the values that shape the constitutions in democratic states? Once a constitution is accepted, can we make changes later as required by the changing conditions? One recent instance of designing constitution for a democratic state is that of South Africa. We begin this chapter by looking at what happened there and how the South Africans went about this task of designing their constitution. Then we turn to how the Indian Constitution was made, what its foundational values are, and how it provides a good framework for the conduct of citizens’ life and that of the government. 18 DEMOCRATIC POLITICS 2024-25  2.1 DEMOCRATIC CONSTITUTION IN SOUTH AFRICA “I have fought against white domination apartheid divided the people and and I have fought against black labelled them on the basis of their domination. I have cherished the ideal of skin colour. The native people of a democratic and free society in which all South Africa are black in colour. persons live together in harmony and with They made up about three-fourth equal opportunities. It is an ideal which I of the population and were called hope to live for and to achieve. But if ‘blacks’. Besides these two groups, Nelson Mandela needs be, it is an ideal for which I am there were people of mixed races prepared to die.” who were called ‘coloured’ and This was Nelson Mandela, being people who migrated from India. tried for treason by the white South The white rulers treated all non- African government. He and seven whites as inferiors. The non-whites other leaders were sentenced to life did not have voting rights. imprisonment in 1964 for daring to The apartheid system was oppose the apartheid regime in his particularly oppressive for the 1 blacks. They were forbidden from country. He spent the next 27 years A signboard emblematic of the tense relations of the in South Africa’s most dreaded living in white areas. They could apartheid era, 1953. prison, Robben Island. work in white areas only if they had a permit. Trains, buses, taxis, South Africa History Online 1 hotels, hospitals, schools and colleges, libraries, cinema halls, theatres, beaches, swimming pools, John Mullen, Wikipedia, GNU Free Documentation License 2 S tr uggle against apar truggle theid apartheid Apartheid was the name of a system of racial discrimination unique to South Africa. The white Europeans imposed this system on South 2 Sign on Durban beach Africa. During the seventeenth and in English, Afrikaans eighteenth centuries, the trading and Zulu companies from Europe occupied it In English it reads: ‘CITY OF DURBAN Under with arms and force, in the way they section 37 of the Durban occupied India. But unlike India, a beach by-laws, this bathing large number of ‘whites’ had settled area is reserved for the sole use of members of the in South Africa and became the white race group’. local rulers. The system of CONSTITUTIONAL DESIGN 19 2024-25 public toilets, were all separate for national flag of the Republic of South the whites and blacks. This was Africa was unfurled marking the called segregation. They could not newly born democracy in the world. even visit the churches where the The apartheid government came to whites worshipped. Blacks could not an end, paving way for the formation form associations or protest against of a multi-racial government. What would have the terrible treatment. How did this come about? Let us happened in South Since 1950, the blacks, coloured hear Mandela, the first president of Africa if the black and Indians fought against the this new South Africa, on this extra- majority had apartheid system. They launched ordinary transition: decided to take protest marches and strikes. The “ Historical enemies succeeded in revenge on the African National Congress (ANC) was negotiating a peaceful transition from whites for all their the umbrella organisation that led apartheid to democracy exactly because oppression and exploitation? the struggle against the policies of we were prepared to accept the inherent segregation. This included many capacity for goodness in the other. My workers’ unions and the Communist wish is that South Africans never give up Party. Many sensitive whites also on the belief in goodness, that they joined the ANC to oppose apartheid cherish that faith in human beings is the and played a leading role in this cornerstone of our democracy.” struggle. Several countries de- After the emergence of the new nounced apartheid as unjust and democratic South Africa, black racist. But the white racist govern- leaders appealed to fellow blacks to ment continued to rule by detain- forgive the whites for the atrocities ing, torturing and killing thousands they had committed while in power. of black and coloured people. They said let us build a new South Africa based on equality of all races and men and women, on democratic A C T I V I T Y values, social justice and human rights. The party that ruled through < Make a poster on the life and struggle of Nelson oppression and brutal killings and Mandela. the party that led the freedom < If available, read some portions of his autobi- struggle sat together to draw up a ography, The Long Walk to Freedom, in the common constitution. classroom. After two years of discussion and debate they came out with one of the To w ar ds a ne ards neww cconstitution onstitution finest constitutions the world has As protests and struggles against ever had. This constitution gave to apartheid had increased, the its citizens the most extensive rights government realised that they could available in any country. Together, no longer keep the blacks under they decided that in the search for their rule through repression. The a solution to the problems, nobody white regime changed its policies. should be excluded, no one should Discriminatory laws were repealed. be treated as a demon. They agreed Ban on political parties and that everybody should become part restrictions on the media were lifted. of the solution, whatever they might After 28 years of imprisonment, have done or represented in the Nelson Mandela walked out of the past. The preamble to the South jail as a free man. Finally, at the African Constitution (see page 28) midnight of 26 April 1994, the new sums up this spirit. 20 DEMOCRATIC POLITICS 2024-25  The South African constitution Wikipedia, GNU Free Documentation License inspires democrats all over the world. A state denounced by the entire world till 1994 as the most undemocratic one is now seen as a model of democracy. What made this change possible was the determination of the people of South Africa to work together, to transform bitter experiences into the binding glue of a rainbow nation. Speaking on the South African Constitution, Mandela said: “The Constitution of South Africa speaks of both the past and the future. On the one hand, it is a solemn pact in which we, as South Africans, declare to one another that we shall never permit a repetition of our racist, brutal and repressive past. But it is more than that. It is also a charter for the transformation of our country into one which is truly shared by all its people — a country which in the fullest sense belongs to all of us, black and white, women and men.” This image captures the spirit of South Africa today. South Africans call themselves a ‘rainbow nation’. Can you guess why? For more details about South Africa, visit https://www.gov.za Does the story of South African struggle for freedom remind you of the Indian national movement? Make a list of similarities and dissimilarities between the two on the following points: < Nature of colonialism CHECK < Relationship between different communities < Leadership: Gandhi/ Mandela YOUR < Party that led the struggle: African National Congress/ Indian National Congress PROGRESS < Method of struggle 2.2 WHY DO WE NEED A CONSTITUTION? The South African example is a good their fears. They wanted to safeguard way to understand why we need a their interests. The black majority constitution and what do was keen to ensure that the constitutions do. The oppressor and democratic principle of majority rule the oppressed in this new democracy was not compromised. They wanted were planning to live together as substantial social and economic equals. It was not going to be easy for rights. The white minority was keen them to trust each other. They had to protect its privileges and property. CONSTITUTIONAL DESIGN 21 2024-25  After long negotiations both parties society or a political party, they all agreed to a compromise. The whites need a constitution. agreed to the principle of majority rule and that of one person one vote. They also agreed to accept some A C T I V I T Y basic rights for the poor and the workers. The blacks agreed that Approach a club or cooperative society or union or majority rule would not be absolute. political party in your locality. Get a copy of their They agreed that the majority would rule book (it is often called Rules of Association) not take away the property of the white and read it. Are these rules in accordance with minority. This compromise was not principles of democracy? Do they give membership easy. How was this compromise going to any person without discrimination? to be implemented? Even if they managed to trust each other, what Thus, the constitution of a country was the guarantee that this trust will is a set of written rules that are not be broken in future? accepted by all people living together The only way to build and in a country. Constitution is the maintain trust in such a situation supreme law that determines the is to write down some rules of the relationship among people living in game that everyone would abide by. a territory (called citizens) and also These rules lay down how the rulers the relationship between the people are to be chosen in future. These and government. A constitution does rules also determine what the many things: elected governments are empowered < First, it generates a degree of trust to do and what they cannot do. and coordination that is necessary Finally these rules decide the rights for different kind of people to live of the citizen. These rules will work together; only if the winner cannot change < Second, it specifies how the them very easily. This is what the government will be constituted, South Africans did. They agreed on who will have power to take which some basic rules. They also agreed decisions; that these rules will be supreme, < Third, it lays down limits on the that no government will be able to powers of the government and tells ignore these. This set of basic rules us what the rights of the citizens is called a constitution. are; and Constitution making is not unique < Fourth, it expresses the to South Africa. Every country has aspirations of the people about diverse groups of people. Their creating a good society. relationship may not have been as All countries that have constitutions bad as that between the whites and are not necessarily democratic. But the blacks in South Africa. But all over all countries that are democratic will the world people have differences of have constitutions. After the War of opinion and interests. Whether Independence against Great Britain, This is not fair! democratic or not, most countries in the Americans gave themselves a What was the point the world need to have these basic constitution. After the Revolution, the in having a rules. This applies not just to French people approved a democratic Constituent governments. Any association needs constitution. Since then it has Assembly in India if to have its constitution. It could be a become a practice in all democracies all the basics were club in your area, a cooperative to have a written constitution. already decided? 22 DEMOCRATIC POLITICS 2024-25  2.3 MAKING OF THE INDIAN CONSTITUTION Like South Africa, India’s like. Much of this consensus had Constitution was also drawn up evolved during the freedom struggle. under very difficult circumstances. Our national movement was not The making of the constitution for a merely a struggle against a foreign huge and diverse country like India rule. It was also a struggle to Vallabhbhai was not an easy affair. At that time rejuvenate our country and to atel Jhaverbhai PPatel the people of India were emerging transform our society and politics. (1875-1950) born: Gujarat. from the status of subjects to that There were sharp differences of Minister of Home, of citizens. The country was born opinion within the freedom struggle All sketches by Rajeev Kumar Information and through a partition on the basis of about the path India should take Broadcasting in the Interim religious differences. This was a after Independence. Such Government. Lawyer and leader of Bardoli peasant traumatic experience for the people differences exist even today. Yet satyagraha. Played a of India and Pakistan. some basic ideas had come to be decisive role in the Atleast ten lakh people were killed accepted by almost everyone. integration of the Indian on both sides of the border in As far back as in 1928, Motilal princely states. Later: Deputy Prime Minister. partition related violence. There was Nehru and eight other Congress another problem. The British had leaders drafted a constitution for left it to the rulers of the princely India. In 1931, the resolution at the states to decide whether they Karachi session of the Indian wanted to merge with India or with National Congress dwelt on how Pakistan or remain independent. independent India’s constitution The merger of these princely states should look like. Both these was a difficult and uncertain task. documents were committed to the When the constitution was being inclusion of universal adult franchise, Abul Kalam Azad written, the future of the country did right to freedom and equality and to (1888-1958) born: Saudi Arabia. not look as secure as it does today. protecting the rights of minorities in Educationist, author and The makers of the constitution had the constitution of independent India. theologian; scholar of anxieties about the present and the Thus some basic values were Arabic. Congress leader, future of the country. accepted by all leaders much before active in the national the Constituent Assembly met to movement. Opposed deliberate on the Constitution. Muslim separatist politics. Later: Education Minister in A C T I V I T Y The familiarity with political the first union cabinet. institutions of colonial rule also Speak to your grandparents or some other elders helped develop an agreement over in your locality. Ask them if they have any memory the institutional design. The British of partition or independence or the making of the rule had given voting rights only to constitution. What were their fears and hopes a few. On that basis the British had about the country at that time? Discuss these in introduced very weak legislatures. the classroom. Elections were held in 1937 to Provincial Legislatures and T.T.Krishnamachari.T.Krishnamachari The pa th ttoo CConstitution path onstitution Ministries all over British India. (1899-1974) Despite all these difficulties, there These were not fully democratic born: Tamil Nadu. was one big advantage for the governments. But the experience Member, Drafting makers of the Indian Constitution. gained by Indians in the working of Committee. Entrepreneur and Congress leader. Later: Unlike South Africa, they did not the legislative institutions proved to Finance Minister in the have to create a consensus about be very useful for the country in Union Cabinet. what a democratic India should look setting up its own institutions and CONSTITUTIONAL DESIGN 23 2024-25 working in them. That is why the called the Constituent Assembly. Indian constitution adopted many Elections to the Constituent institutional details and procedures Assembly were held in July 1946. Its from colonial laws like the Government first meeting was held in December of India Act, 1935. 1946. Soon after, the country was Years of thinking and deliberation divided into India and Pakistan. The on the framework of the constitution Constituent Assembly was also had another benefit. Our leaders divided into the Constituent Assembly Rajendra Prasad gained confidence to learn from of India and that of Pakistan. The (1884-1963) born: Bihar. other countries, but on our own Constituent Assembly that wrote President of the Constituent terms. Many of our leaders were the Indian constitution had 299 Assembly. Lawyer, known members. The Assembly adopted for his role in the inspired by the ideals of French Champaran satyagraha. Three Revolution, the practice of the Constitution on 26 November times the president of 1949 but it came into effect on 26 Congress. Later: the first parliamentary democracy in Britain January 1950. To mark this day we President of India. and the Bill of Rights in the US. The celebrate January 26 as Republic socialist revolution in Russia had Day every year. inspired many Indians to think of Why should we accept the shaping a system based on social Constitution made by this Assembly and economic equality. Yet they more than seven decades ago? We were not simply imitating what have already noted one reason others had done. At each step they above. The Constitution does not were questioning whether these reflect the views of its members things suited our country. All these alone. It expresses a broad factors contributed to the making of consensus of its time. Many Jaipal Singh our Constitution. countries of the world have had to (1903-1970) rewrite their Constitution afresh born: Jharkhand T h e CConstituen onstituen onstituentt AAssembly ssembly because the basic rules were not A sportsman and Who, then, were the makers of the acceptable to all major social groups educationist. Captain of the first national Hockey team. Indian Constitution? You will find or political parties. In some other Founder President of here very brief sketch of some of the countries, the Constitution exists Adivasi Maha Sabha. Later: leaders who played an important as a mere piece of paper. No one founder of Jharkhand Party. role in making the Constitution. actually follows it. The experience of our Constitution is different. Over the last half a century, several A C T I V I T Y groups have questioned some provisions of the Constitution. But Find out more about any member of the no large social group or political Constituent Assembly from your state or region party has ever questioned the who is not mentioned here. Collect a photograph legitimacy of the Constitution itself. or make a sketch of that leader. Write a short This is an unusual achievement for H. C. Mookherjee note on him or her, following the same style as any constitution. (1887-1956) used here: Name (year of birth-year of death), The second reason for accepting born: Bengal. place of birth (by current political boundaries), the Constitution is that the Vice-Chairman of the Constituent Assembly represented Constituent Assembly. brief description of political activities; role played Reputed author and the people of India. There was no after the Constituent Assembly. educationist. Congress universal adult franchise at that leader. Member of All India time. So the Constituent Assembly Christian Council and The drafting of the document called could not have been chosen directly Bengal Legislative the constitution was done by an Assembly. Later: Governor by all the people of India. It was assembly of elected representatives of West Bengal. 24 DEMOCRATIC POLITICS 2024-25  elected mainly by the members of Constituent Assembly worked in a the existing Provincial Legislatures systematic, open and consensual that we mentioned above. This manner. First some basic principles ensured a fair geographical share of were decided and agreed upon. Then members from all the regions of the a Drafting Committee chaired by Dr. country. The Assembly was B.R. Ambedkar prepared a draft dominated by the Indian National constitution for discussion. Several G. Durgabai Deshmukh Durgabai Congress, the party that led India’s rounds of thorough discussion took (1909-1981) freedom struggle. But the Congress place on the Draft Constitution, born: Andhra Pradesh. itself included a variety of political clause by clause. More than two Advocate and public activist groups and opinions. The Assembly thousand amendments were for women’s emancipation. Founder of Andhra Mahila had many members who did not considered. The members Sabha. Congress leader. agree with the Congress. In social deliberated for 114 days spread over Later: Founder Chairperson terms too, the Assembly represented three years. Every document of Central Social Welfare members from different language presented and every word spoken in Board. groups, castes, classes, religions the Constituent Assembly has been and occupations. Even if the recorded and preserved. These are Constituent Assembly was elected called ‘Constituent Assembly by universal adult franchise, its Debates’. When printed, these composition would not have been debates are 12 bulky volumes! These very different. debates provide the rationale behind Finally, the manner in which the every provision of the Constitution. Constituent Assembly worked gives These are used to interpret the sanctity to the Constitution. The meaning of the Constitution. Read the information about all the makers of the Indian Constitution given in the side columns here. You don’t need to memorise this information. Just give examples from these to support the following CHECK statements: 1. The Assembly had many members who were not with the Congress YOUR 2. The Assembly represented members from different social groups PROGRESS 3. Members of the Assembly believed in different ideologies 2.4 GUIDING VALUES OF THE INDIAN CONSTITUTION In this book we shall study the Let us turn to these, one by one. exact provisions of the Constitution on different subjects. At this stage The Dream and the Promise let us begin by understanding the Some of you may have noticed a overall philosophy of what our name missing from the sketches of Baldev Singh Constitution is all about. We can do the makers of the constitution: ( 1901-1961) born: Haryana. this in two ways. We can Mahatma Gandhi. He was not a A successful entrepreneur understand it by reading the views member of the Constituent and leader of the Panthic of some of our major leaders on our Assembly. Yet there were many Akali Party in the Punjab Constitution. But it is equally members who followed his vision. Assembly. A nominee of important to read what the Years ago, writing in his magazine the Congress in the Constituent Assembly. Constitution says about its own Young India in 1931, he had spelt Later: Defence Minister in philosophy. This is what the out what he wanted the Constitution the Union Cabinet. preamble to the Constitution does. to do: CONSTITUTIONAL DESIGN 25 2024-25  I shall strive for a constitution which will release India from all thralldom and patronage … I shall work for an India in which the poorest shall feel that it is their country in whose making they have an effective voice; an India in which there shall be no high class and low class of people; an India in Kanhaiyalal Maniklal Munshi (1887-1971) born:Gujarat. which all communities shall live in perfect harmony. There Advocate, historian and linguist. Congress leader can be no room in such an India for the curse of and Gandhian. Later: Minister in the Union Cabinet. Founder of the untouchability or the curse of the intoxicating drinks Swatantra Party. and drugs. Women will enjoy the same rights as men … I shall be satisfied with nothing else. This dream of an India that has how inequalities could be removed. He Bhimrao Ramji eliminated inequality was shared by often bitterly criticised Mahatma Ambedkar Dr. Ambedkar, who played a key role Gandhi and his vision. In his conclud- (1891-1956) born: Madhya Pradesh. Chairman of the in the making of the Constitution but ing speech to the Constituent Assem Drafting Committee. Social he had a different understanding of bly he stated his anxiety very clearly: revolutionary thinker and agitator against caste divisions and caste based On the 26th of January 1950 we are going to enter a life of contradictions. inequalities. Later: Law minister in the first cabinet of post-independence India. In politics we will have equality and in social and economic life we will have Founder of Republican Party of India. inequality. In politics we will be recognising the principle of one man one vote and one vote one value. In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions? How long shall Shyama Prasad we continue to deny equality in our social and economic life? If we continue to Mukherjee (1901-1953) born: West deny it for long, we will do so only by putting our political democracy in peril. Bengal. Minister for Industry and Supply in the Interim Government. Educationist and lawyer. Active in Hindu Mahasabha. Finally let us turn to Jawaharlal Constituent Assembly at the stroke Later: Founder President of Nehru giving his famous speech to the of midnight on 15 August 1947: Bharatiya Jansangh. 26 DEMOCRATIC POLITICS 2024-25  Long years ago we made a tryst with destiny destiny,, and now the time comes when we shall redeem our pledge, not wholly or in full measure, but very substantially. At the stroke of the midnight hour, when the world sleeps, India will awake to life Jawaharlal Nehru (1889-1964) born: Uttar and freedom. A moment comes, which comes but rarely in history, when we step Pradesh. Prime Minister of the interim government. out from the old to the new, when an age ends, and when the soul of a nation, Lawyer and Congress leader. Advocate of socialism, democracy and long suppressed, finds utterance. It is fitting that at this solemn moment we take anti-imperialism. Later: First Prime Minister of India. the pledge of dedication to the service of India and her people and to the still larger cause of humanity … Freedom and power bring responsibility. The responsibility rests upon this Assembly, a sovereign body representing the sovereign people of India. Before the Sarojini Sarojini Naidu birth of freedom we have endured all the pains of labour and our hearts are heavy (1879-1949) born: Andhra Pradesh. Poet, writer and political with the memory of this sorrow. Some of those pains continue even now. Nevertheless, activist. Among the foremost women leaders in the Congress. Later: the past is over and it is the future that beckons to us now. Governor of Uttar Pradesh. That future is not one of ease or resting but of incessant striving so that we may fulfil the pledges we have so often taken and the one we shall take today. The service of India means the service of the millions who suffer. It means the ending of poverty and ignorance and disease and inequality of opportunity. The ambition Somnath LLahiri ahiri (1901-1984) born: West of the greatest man of our generation has been to wipe every tear from every eye. Bengal. Writer and editor. Leader of the Communist Party of India. Later: That may be beyond us, but as long as there are tears and suffering, so long our Member of West Bengal Legislative Assembly. work will not be over. CHECK Read the three quotations above carefully. < Can you identify one idea that is common to all these three? YOUR < What are the differences in their ways of expressing that common idea? PROGRESS CONSTITUTIONAL DESIGN 27 2024-25 Philosophy of the articles of the Indian Constitution. C onstitution The Constitution begins with a short Values that inspired and guided the statement of its basic values. This freedom struggle and were in turn is called the Preamble to the nurtured by it, formed the constitution. Taking inspiration foundation for India’s democracy. from American model, most These values are embedded in the countries in the contemporary Preamble of the Indian world have chosen to begin their Constitution. They guide all the constitutions with a preamble. in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish thisConstitution for the United States of America. We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and Believe that South Africa belongs to all who live in it, united in our diversity. We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to — Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; Improve the quality of life of all citizens and free the potential of each person; and Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations. May God protect our people. Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso. God seën Suid-Afrika. God bless South Africa. Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika. 28 DEMOCRATIC POLITICS 2024-25 WE, THE PEOPLE Let us read the Preamble of our Constitution very REPUBLIC OF INDIA carefully and understand the meaning of each of its The head of the state The constitution has key words. is an elected person been drawn up and The Preamble of the Constitution reads like a poem and not a hereditary enacted by the people on democracy. It contains the philosophy on which the position. through their entire Constitution has been built. It provides a standard representatives, and to examine and evaluate any law and action of not handed down to JUSTICE government, to find out whether it is good or bad. It is them by a king or any Citizens cannot be the soul of the Indian Constitution. outside powers. discriminated on the grounds of caste, SOVEREIGN religion and gender. People have supreme Social inequalities right to make have to be reduced. decisions on internal Government should as well as external work for the welfare matters. No external of all, especially of power can dictate the * the disadvantaged government of India. groups. SOCIALIST Wealth is generated LIBERTY socially and should be There are no shared equally by unreasonable society. Government restrictions on the should regulate the citizens in what they ownership of land and think, how they wish to industry to reduce express their thoughts socio-economic and the way they wish inequalities. to follow up their thoughts in action. SECULAR Citizens have complete freedom to EQUALITY follow any religion. All are equal before But there is no official the law. The traditional religion. Government social inequalities treats all religious have to be ended. The beliefs and practices government should with equal respect. ensure equal opportunity for all. DEMOCRATIC DEMOCRATIC A form of government FRATERNITY FRATERNITY where people enjoy equal political rights, All of us should elect their rulers and behave as if we are hold them account- members of the same able. The government family. No one should is run according to treat a fellow citizen some basic rules. as inferior. Note: * The terms ‘Socialist’ and ‘Secular’ were added in Preamble through the 42nd Constitutional Amendment in 1976. CONSTITUTIONAL DESIGN 29 2024-25 Compare the Preambles to the constitutions of the United States of America, India and South Africa. < Make a list of ideas that are common to all these three. < Note down at least one of the major differences among these. < Which of the three makes a reference to the past? CHECK < Which of these does not invoke God? YOUR Institutional design be quite difficult to understand. Yet PROGRESS A constitution is not merely a the basic institutional design is not statement of values and philosophy. very difficult to understand. Like any As we noted above, a constitution is Constitution, the Indian mainly about embodying these values Constitution lays down a procedure into institutional arrangements. for choosing persons to govern the Much of the document called country. It defines who will have how Constitution of India is about these much power to take which decisions. arrangements. It is a very long and And it puts limits to what the detailed document. Therefore it needs government can do by providing to be amended quite regularly to keep some rights to the citizen that it updated. Those who crafted the cannot be violated. The remaining Indian Constitution felt that it has to three chapters in this book are about be in accordance with people’s these three aspects of the working aspirations and changes in society. of Indian constitution. We shall look They did not see it as a sacred, static at some key constitutional and unalterable law. So, they made provisions in each chapter and provisions to incorporate changes understand how they work in from time to time. These changes are democratic politics. But this called constitutional amendments. textbook will not cover all the salient The Constitution describes the features of the institutional design institutional arrangements in a very in the Indian Constitution. Some legal language. If you read the other aspects will be covered in your Constitution for the first time, it can textbook next year. Apartheid: The official policy of racial separation and ill treatment of blacks followed by the government of South Africa between 1948 and 1989. Clause: A distinct section of a document. Constituent Assembly: An assembly of people’s representatives that writes GLOSSARY a constitution for a country. Constitution: Supreme law of a country, containing fundamental rules governing the politics and society in a country. Constitutional amendment: A change in the constitution made by the supreme legislative body in a country. Draft: A preliminary version of a legal document. Philosophy: The most fundamental principles underlying one’s thoughts and actions. Preamble: An introductory statement in a constitution which states the reasons and guiding values of the constitution. Treason: The offence of attempting to overthrow the government of the state to which the offender owes allegiance. Tryst: A meeting or meeting place that has been agreed upon. 30 DEMOCRATIC POLITICS 2024-25 exercises 1 Here are some false statements. Identify the mistake in each case and rewrite these correctly based on what you have read in this chapter. a Leaders of the freedom movement had an open mind about whether the country should be democratic or not after independence. b Members of the Constituent Assembly of India held the same views on all provisions of the Constitution. c A country that has a constitution must be a democracy. d Constitution cannot be amended because it is the supreme law of a country. 2 Which of these was the most salient underlying conflict in the mak- ing of a democratic constitution in South Africa? a Between South Africa and its neighbours b Between men and women c Between the white majority and the black minority d Between the coloured minority and the black majority 3 Which of these is a provision that a democratic constitution does not have? a Powers of the head of the state b Name of the head of the state c Powers of the legislature d Name of the country 4 Match the following leaders with their roles in the making of the Constitution: a Motilal Nehru i President of the Constituent Assembly b B.R. Ambedkar ii Member of the Constituent Assembly c Rajendra Prasad iii Chairman of the Drafting Committee d Sarojini Naidu iv Prepared a Constitution for India in 1928 5 Read again the extracts from Nehru’s speech ‘Tryst with Destiny’ and answer the following: a Why did Nehru use the expression “not wholly or in full measure” in the first sentence? b What pledge did he want the makers of the Indian Constitution to take? c “The ambition of the greatest man of our generation has been to wipe every tear from every eye”. Who was he referring to? 6 Here are some of the guiding values of the Constitution and their meaning. Rewrite them by matching them correctly. a Sovereign i Government will not favour any religion. b Republic ii People have the supreme right to make decisions. c Fraternity iii Head of the state is an elected person. d Secular iv People should live like brothers and sisters. CONSTITUTIONAL DESIGN 31 2024-25 7 How did your school celebrate the Constitution Day on November exercises 26th? Prepare a brief report. 8 Here are different opinions about what made India a democracy. How much importance would you give to each of these factors? a Democracy in India is a gift of the British rulers. We received training to work with representative legislative institutions under the British rule. b Freedom Struggle challenged the colonial exploitation and denial of different freedoms to Indians. Free India could not be anything but democratic. c We were lucky to have leaders who had democratic convictions. The denial of democracy in several other newly independent countries shows the important role of these leaders. 9 Read the following extract from a conduct book for ‘married women’, published in 1912. ‘God has made the female species delicate and fragile both physically and emotionally, pitiably incapable of self-defence. They are destined thus by God to remain in male protection – of father, husband and son – all their lives. Women should, therefore, not despair, but feel obliged that they can dedicate themselves to the service of men’. Do you think the values expressed in this para reflected the values underlying our constitution? Or does this go against the constitutional values? 10 Read the following statements about a constitution. Give reasons why each of these is true or not true. a The authority of the rules of the constitution is the same as that of any other law. b Constitution lays down how different organs of the government will be formed. c Rights of citizens and limits on the power of the government are laid down in the constitution. d A constitution is about institutions, not about values Follow the newspapers for any report on a discussion on any constitutional amendment or demand for any constitutional amendment. You could, for example, focus on the demand for constitutional amendment for reservation for women in legislatures. Was there a public debate? What reasons were put forward in favour of the amendment? How did different parties react to the constitutional amendment? Did the amendment take place? 32 DEMOCRATIC POLITICS 2024-25 2024-25 Nehru Memorial Museum and Library, New Delhi 33