2. WHAT IS A CONSTITUTION?
• Constitution is a set of written rules that are accepted
by all people living together in a country. It is the
supreme law that determines the relationship among
people living in a territory and also the relationship
between the people and government.
• It generates a degree of trust and coordination among
the people.
• It specifies powers of the government and how it
should function.
• It limits the powers of the government and ensures
certain rights to the people
3. WHY DO WE NEED A CONSTITUTION?
• The only way to build and maintain trust
among diverse groups of people having
differences of opinion and interests is to write
down some rules that everyone should obey.
• It is necessary to limit the powers of the
elected government lest it may misuse the
powers.
• These rules safeguards the rights of the
people.
4. STRUGGLE AGAINST APARTHEID IN
SOUTH AFRICA
• Apartheid was a system of racial discrimination on the basis
of skin colour which existed in South Africa . A large
number of white Europeans settled in S.A during the 17th
and 18th century and became the local rulers. The white
rulers treated the ‘blacks’(ie, the native people of S.A) the
‘coloured’ (people of mixed races) and the Indians as
inferiors.
• This system was particularly oppressive for the blacks. They
were segregated (separated) everywhere, in the trains,
buses, parks, toilets, even in the churches.
• Since 1950, the non-whites fought against the apartheid
system. They formed African National Congress(ANC) for
this purpose. Even the sensitive whites joined the ANC to
oppose apartheid.
• But the white racist government continued to rule by
torturing and killing thousands of black and colored people.
8. TOWARDS A NEW CONSTITUTION
• As protest against apartheid increased, the racist government realised that
they could no longer keep the blacks under their rule through repression.
• They changed their policies. Discriminatory laws were repealed. Ban on
political parties and restrictions on the media were lifted. Nelson
Mandela, the leader of the blacks, was released from the jail after 28
years of imprisonment.
• Finally, at the midnight of 26 April 1994, the Republic of South Africa (a
multi-racial government) was born.
• The blacks forgave the whites for the atrocities they had done while in
power. Both the blacks and the whites decided to build a new S.A based
on equality of all races on democratic values, social justice and human
rights. They sat together to draw up a common constitution. After two
years of discussion they came out with one of the finest constitutions. It
gave to its citizens the most extensive rights available in any country. It
inspired democrats all over the world. The most undemocratic country is
now seen as a model of democracy.
9. MAKING OF THE INDIAN
CONSTITUTION - CHALLENGES
• India’s Constitution was drawn up under very
difficult circumstances.
• The making of the constitution for a huge and
diverse country like India was not easy.
• The country was born through a partition on
the basis of religious differences.
• Unification of the princely states.
• The makers of the Constitution had anxieties
about the present and future of the country.
10. MAKING OF THE INDIAN
CONSTITUTION - ADVANTAGES
• Unlike South Africa, Indian Constitution makers had consensus
during the freedom struggle itself about what a democratic
India should look like.
• In 1928, Motilal Nehru and other leaders drafted a
constitution for India. The Karachi session of the Congress
deliberated on how independent India should look like.
• Many educated Indians were familiarized with the political
and legislative institutions during the colonial (the British)
rule.
• Years of thinking and deliberation on the framework of the
constitution had another benefit.
• Many of the leaders were inspired by the ideals of the French
Revolution, the Socialist Revolution in Russia etc. But they
didn’t simply imitate these principles.
11. The Constituent Assembly (1946)
• Drafting of the Constitution was done by an assembly of elected
representatives(299 members)
• It represented the people of India. The assembly was dominated
by the I.N.C. But it had many non –congress members belonging
to different language groups, castes, classes, religions and
occupations. The Constitution doesn’t reflect the views of its
members alone, it expresses the aspirations of all people.
• The Assembly adopted the Constitution on 26th November 1949.
• Then, a Drafting Committee chaired by Dr. Ambedkar prepared a
draft constitution for discussion. It was discussed clause by
clause through several rounds of discussions.
• But it came into effect on January 26, 1950.
• Over the last 64 years, no large social group or political party has
ever questioned the legitimacy of the Constitution.
12. PREAMBLE
INDIA SOUTH AFRICA
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
Healthedivisionsofthepastandestablishasocietybasedondemocraticvalues,socialjusticeand
fundamentalhumanrights;
Laythefoundationsforademocraticandopensocietyinwhichgovernmentisbasedonthewillofthe
peopleandeverycitizenisequallyprotectedbylaw;
Improvethequalityoflifeofallcitizensandfreethepotentialofeachperson;and
BuildaunitedanddemocraticSouthAfricaabletotakeitsrightfulplaceasasovereignstateinthefamily
ofnations.
May God protect our people.
13. QUESTIONNAIRE
1. Find out any two principles in common with
the constitution of India and that of South
Africa. Explain them.
2. What is called a preamble?
3. Define:
a) Secularism
b) Fraternity
14. Answer the following questions briefly:
1. What is meant by apartheid?
2. Evaluate the South African freedom struggle.
3. Assess the features of South African Constitution.
4. Why do we need a constitution?
5. What is constitution? What does it describe?
6. Indian constitution was drawn up under very
difficult situation. Explain.
7. Unlike South Africa, Indian constitution makers had
many advantages in the process of making it.
Analyze the factors that helped the makers of the
constitution while drafting it.
8. Why should we accept the constitution made by
the Assembly more than fifty years ago?
15. rrr
9. How was the Constituent Assembly
constituted? Or Describe the structure of the
Constituent Assembly.
10. How did the Constitution get its shape?
Explain.
11. What is called the preamble of the Indian
Constitution?
12. Define the following:
a) Sovereign b) Socialist c) Secular
d) Democratic e) Republic
13. What do you understand by ‘constitutional
amendment’?
