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Class IX:Political Science [Ch- 3 Constitutional Design]

  

This was Nelson Mandela.

He was tried  by the white South African government.

He and seven other leaders were sentenced to life imprisonment in 1964 for opposing the system of apartheid.

He spent next 28 years in South Africa's most dreaded prison ,Robben Island

 

 Constitution in South Africa

 

Apartheid

Apartheid is a system of racial discrimination unique to South Africa imposed by the white Europeans. During the seventeenth and eighteenth centuries, the trading companies from Europe occupied it with arms and force and became the local rulers. The system of apartheid divided the people and labelled them on the basis of their skin color. 

The white rulers treated all nonwhites as inferiors. The non-whites did not have voting rights and were forbidden from living in white areas. The blacks, colored and Indians fought against the apartheid system, from 1950. The African National Congress (ANC) was the umbrella organization that led the struggle against the policies of segregation. Nelson Mandela was one of the leaders amongst the eight who were tried for treason by the white South African government. They were sentenced to life, imprisonment in 1964 for daring to oppose the apartheid regime in the country.

Giving Rise to New Constitution

As the protests and struggles against apartheid increased, the blacks could no longer be kept under the rule of the government through repression. The white regime changed its policies. Discriminatory laws were repealed. Ban on political parties and restrictions on the media were lifted. Nelson Mandela was released after 28 years in the Robben Island Prison. The apartheid government came to an end on the midnight of 26 April 1994, paving way for the formation of a multi-racial government.

Following the emergence of the new democratic South Africa, the party that ruled through oppression and brutal killings and the party that led the freedom struggle sat together to draw up a common constitution. This constitution gave to its citizens the most extensive rights available in any country. Together, they decided that in the search for a solution to the problems, nobody should be excluded.

 

Why the Need for Constitution?

Every country has diverse groups of people. All over the world people have differences of opinion and interests. The constitution is the supreme law that determines the relationship among people living in a territory (called citizens) and also the relationship between the people and government. Find what constitutions do below:

  • First, it generates a degree of trust and coordination that is necessary for different kind of people to live together

  • Second, it specifies how the government will be constituted, who will have the power to take which decisions

  • Third, it lays down limits on the powers of the government and tells us what the rights of the citizens are

  • Fourth, it expresses the aspirations of the people about creating a good society

All countries that have constitutions are not necessarily democratic. But all countries that are democratic will have constitutions.

Apartheid

 

  • Apartheid is a system of racial discrimination unique to South Africa imposed by the white Europeans. 

  • The system of apartheid divided the people and labelled them on the basis of their skin color. The white rulers treated all nonwhites as inferiors. The non-whites did not have voting rights and were forbidden from living in white areas. 

 

Giving Rise to New Constitution

  • As the protests and struggles against apartheid increased, the blacks could no longer be kept under the rule of the government through repression. 

  • The white regime changed its policies. Discriminatory laws were repealed. Ban on political parties and restrictions on the media were lifted. 

 

Why the Need for Constitution?

Take the example of South Africa to see why we need the constitution and what constitutions do. Find what constitutions do below:

  • First, it generates a degree of trust and coordination that is necessary for different kind of people to live together

  • Second, it specifies how the government will be constituted, who will have the power to take which decisions

  • Third, it lays down limits on the powers of the government and tells us what the rights of the citizens are

  • Fourth, it expresses the aspirations of the people about creating a good society

 

The Path to the Constitution

  • In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India and in 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how independent India’s constitution should look like. 

 

10 Important facts about the Indian constitution

 

The Constituent Assembly

  • Elections to the Constituent Assembly were held in July 1946 and its first meeting was held in December 1946. 

  • Soon after, the country was divided into India and Pakistan and the Constituent Assembly was also divided into the Constituent Assembly of India and that of Pakistan. 

  • The Constituent Assembly that wrote the Indian constitution had 299 members.

  • The Assembly adopted the Constitution on 26 November 1949 but it came into effect on 26 January 1950. To mark this day we celebrate January 26 as Republic Day every year.

 

First, some basic principles were decided and agreed upon. Then a Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion.



The Constitution of India

 

  • The Constitution of India is the supreme law of India. 

  • It frames fundamental political principles, procedures, practices, rights, powers, and duties of the government. 

  • It imparts constitutional supremacy and not parliamentary supremacy, as it is not created by the Parliament but, by a constituent assembly, and adopted by its people, with a declaration in its preamble. 

  • Parliament cannot override it.

 

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Philosophy of the Constitution

Given below are the values embedded in the Preamble of the Indian Constitution.

We, the People of India: The Constitution has been drawn up and enacted by the people through their representatives, and not handed down to them by a king or any outside powers.

Sovereign: People have the supreme right to make decisions on internal as well as external matters. No external power can dictate the Government of India.

Socialist: Wealth is generated socially and should be shared equally by society. The government should regulate the ownership of land and industry to reduce socio-economic inequalities.

Secular: Citizens have complete freedom to follow any religion. But there is no official religion. The government treats all religious beliefs and practices with equal respect.

Democratic: A form of government where people enjoy equal political rights, elect their rulers and hold them accountable. The government is run according to some basic rules.

Republic: The head of the state is an elected person and not a hereditary position.

Justice: Citizens cannot be discriminated against on the grounds of caste, religion and gender. Social inequalities have to be reduced. The government should work for the welfare of all, especially of the disadvantaged groups.

Liberty: There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts and the way they wish to follow up their thoughts in action.

Equality: All are equal before the law. The traditional social inequalities have to be ended. The government should ensure equal opportunity for all.

Fraternity: All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.

 

 

Interesting facts about India Constitution

         The constitution was originally written in Hindi and English.

  • The English version has 117,369 words.

  • With 25 parts containing 448 articles and 12 schedules, the Indian Constitution is the longest written Constitution of any sovereign country in the world.

  • Indian Constitution was handwritten by Prem Behari Narain Raizada.

  • It took nearly 2 years 11 months and 18 days to write down Indian Constitution.

  • When the draft was prepared and put for debate and discussion, over 2000 amendments were made, before it was finalized.

  • The handwritten Constitution was signed on 24th January, 1950, by 284 members of the Constituent Assembly, which included 15 women. It came into force two days later on 26th January.



PRACTISE THE FOLLOWING QUESTIONS:

 

Q1 what do you know about the system of apartheid that was imposed on South Africa by the white European?

Q2. How Segregation was practiced in South Africa

Q3.What is meant by the term "APARTHEID"?

 

Q4.Give any 3 reasons to support why there is a strong need for "CONSTITUTION"?

 

Q5. When did our Constitution came into existence?

 

Q6. Who were the main members of the Constituent Assembly?


 

Q7.Give any 3 reasons to support why there is a strong need for "CONSTITUTION"?

 

Q8. When did our Constitution came into existence?

 

Q9. Who were the main members of the Constituent Assembly?

Q10. State any 3 guiding values of the constitution.

 

Q11.What is meant by the terms?

a. Republic

b. Secular

 

Q12. How many women members were there in the Constituent Assembly?

 

Q4 Why is "Constitution'' called the supreme law of Country?


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