Class 9 Civics Notes: Constitutional Design
Class 9 Civics Notes: Constitutional Design
Welcome back to our Class 9 Civics study series! Today, we are exploring Chapter 3: Constitutional Design.
Imagine trying to play a game of cricket or football without any rules. It would be absolute chaos, right? A country is much larger and more complex than a game, so it definitely needs a set of supreme rules to function smoothly. This set of written rules is called a Constitution.
In this chapter, we will look at how constitutions are designed, starting with the inspiring story of South Africa, and then diving deep into how the Indian Constitution—the longest written constitution in the world—was created. Let’s get started!
1. Democratic Constitution in South Africa
Before we look at India, we need to understand the struggle of South Africa against a brutal system called Apartheid.
The Nightmare of Apartheid
Apartheid was a system of strict racial discrimination unique to South Africa, imposed by the white Europeans who settled there.
The system divided people and labeled them based on their skin color: White, Black (native Africans making up 75% of the population), Colored (mixed race), and Indians.
Segregation: Non-whites did not have voting rights. They were forbidden from living in white areas. Trains, buses, taxis, hotels, hospitals, schools, and even public toilets and beaches were strictly separated for whites and blacks.
Blacks could not even visit the churches where whites worshipped, nor could they form associations to protest.
The Struggle and Victory
Since 1950, the blacks, coloreds, and Indians fought against the apartheid system under the umbrella of the African National Congress (ANC).
Nelson Mandela: He was the most prominent leader of this movement. In 1964, the white South African government sentenced him and seven other leaders to life imprisonment for daring to oppose the apartheid regime. He spent 28 years in Robben Island, South Africa’s most dreaded prison.
The End of Apartheid: As protests increased globally and internally, the white regime realized they could no longer keep the blacks under their rule through repression. They changed their policies, repealed discriminatory laws, and lifted bans on political parties.
On the midnight of April 26, 1994, the new national flag of the Republic of South Africa was unfurled. The apartheid government came to an end, paving the way for a multi-racial democratic government. Nelson Mandela walked out of jail a free man and became the first President of this new South Africa.
A New Constitution
After the transition, both the oppressors (the whites) and the oppressed (the blacks) sat together to draw up a common constitution. After two years of debate, they came out with one of the finest constitutions the world has ever seen, giving its citizens the most extensive rights available in any country.
2. Why Do We Need a Constitution?
The South African example is a great way to understand why a constitution is necessary. The white minority wanted to protect its privileges and property, while the black majority wanted to ensure democratic rights and social/economic equality. The only way to build trust was to write down some rules that everyone would abide by.
A Constitution performs four main functions:
Generates Trust: It generates a degree of trust and coordination that is necessary for different kinds of people to live together.
Specifies Power: It specifies how the government will be constituted and who will have the power to take which decisions.
Limits Power: It lays down limits on the powers of the government and tells us what the rights of the citizens are. (Even the government cannot break these rules!)
Expresses Aspirations: It expresses the aspirations of the people about creating a good, just society.
3. The Making of the Indian Constitution
Making a constitution for a huge and diverse country like India was not an easy affair.
The Difficult Circumstances:
The country was born through a traumatic partition based on religious differences, resulting in massive violence and at least 10 lakh deaths.
The British had left the princely states (like Hyderabad and Kashmir) to decide whether they wanted to merge with India, Pakistan, or remain independent. The future of the country looked very insecure.
The Path to the Constitution:
Unlike South Africa, India didn't have to create a consensus after independence; much of it evolved during the freedom struggle.
As far back as 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India.
The Karachi Session (1931) of the Indian National Congress dwelt on how independent India's constitution should look. Both these documents committed to Universal Adult Franchise, right to freedom and equality, and protecting the rights of minorities.
Indian leaders were also heavily inspired by the ideals of the French Revolution, British parliamentary democracy, and the socialist revolution in Russia.
The Constituent Assembly
The drafting of the document was done by an assembly of elected representatives called the Constituent Assembly.
Elections to the Constituent Assembly were held in July 1946. Its first meeting was held in December 1946.
After partition, the Assembly was also divided. The Constituent Assembly that wrote the Indian constitution had 299 members.
The Drafting Committee: Chaired by Dr. B.R. Ambedkar, this committee prepared a draft constitution for discussion. Over 2,000 amendments were considered!
The Assembly adopted the Constitution on November 26, 1949, but it came into effect on January 26, 1950. To mark this day, we celebrate January 26 as Republic Day every year.
Why do we accept a Constitution made over 70 years ago?
The Constitution does not merely reflect the views of its members; it expresses a broad national consensus of its time. No large social group or political party has ever questioned the basic legitimacy of the Constitution itself. This is a massive achievement!
4. Guiding Values of the Indian Constitution
To understand the Constitution, you must read its Preamble. The Preamble is like a short poem or an introduction that contains the philosophy on which the entire Constitution has been built. It provides a standard to examine and evaluate any law or action of the government.
Key Words in the Indian Preamble:
WE, THE PEOPLE OF INDIA: The constitution has been drawn up and enacted by the people through their representatives, not handed down by a king or outside power.
SOVEREIGN: People have 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 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.
REPUBLIC: The head of the state is an elected person and not a hereditary monarch (like a King or Queen).
JUSTICE: Citizens cannot be discriminated against on the grounds of caste, religion, and gender.
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 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.
5. Institutional Design
A constitution is not merely a statement of values and philosophy; it is about embodying these values into institutional arrangements.
It lays down procedures for choosing persons to govern the country.
It defines who will have how much power.
It sets limits to what the government can do by providing some rights to the citizen that cannot be violated.
Because society changes over time, the Constitution makers made provisions to incorporate changes from time to time. These changes are called Constitutional Amendments.
Quick Revision Summary 📝
South Africa: Nelson Mandela led the fight against Apartheid. After its end in 1994, a new, highly inclusive democratic constitution was framed.
Why a Constitution? It builds trust, limits government power, specifies decision-making authority, and expresses the people's aspirations.
Indian Constitution: Drafted by the Constituent Assembly (299 members) and the Drafting Committee chaired by Dr. B.R. Ambedkar. Adopted on Nov 26, 1949; enacted on Jan 26, 1950.
The Preamble: The soul of the Constitution, declaring India as a Sovereign, Socialist, Secular, Democratic Republic.
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