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Constitutional
Design
Nelson Mandela & South
Africa:
• Most able, efficient and far sighted
leader of Africa national congress
• Fought against apartheid during white
south African government.
• Spent 28 yrs in prison from 1964 -
1992 (Dreaded prison Robben
Island)
Struggle against Apartheid
• During 18th and 19th century,
• Europe occupied South Africa,
• Settled there
• Applied system of apartheid, which
divided country into three groups:
• White, Black and Coloured (one migrated
from india)
Aparthei
d
• A system of
racial
discrimination
unique to South
Africa.
BLAC
K
WHIT
E
COLOUR
ED
Oppressive system for the
Black
Blackwere segregated(separated) by:
• Forbidden from living in white areas
• Could work in white areas if had permit
• Discriminated while using public
properties
• Black could not visit church where
white worshipped, form association
and protest.
African National
Congress(ANC)
• Since 1950, blacks, coloured and
Indians fought against this system
• Including workers union, communist
and sensitive whites joined them
• In 1964, Nelson Mandela and seven
other leaders were sentenced to life
imprisonment.
• But the white racist government continued
to rule by torturing and killing thousands
of black and colored.
Protest increased, the racist
government realized that they could
no longer keep the black under
repression.
Racist government changed
their policies:
• Discriminatory laws were repealed,
• Ban on political parties and restriction on
the media were lifted,
• Nelson Mandela, was released from jail
after 28 years of imprisonment.
Towards a new
constitution
• At the midnight of 26 April 1994, the
Republic of South Africa ( a multi-racial
gov.t )was born.
• The black forgave the whites, both the blacks
and whites decided to build a new S.A.
based on equality of all races on democratic
values, social justice and human rights.
• After two years discussion and debates
they draw a common constitution and gave
to its citizen the most extensive rights
available in any country.
PREAMBLE (SOUTH
AFRICA)
We the people of South Africa
Recognise the injustice 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
HEAL THE PAST AND
ESTABLISH THE SOCIETY
BASED ON DEMOCRATIC
VALUES, SOCIAL JUSTICE
AND FUNDAMENTAL HUMAN
RIGHTS
Together they
decided
• Nobody should excluded
• No one should be treated as a demon
• Agreed that everybody should become
part of solution
• It inspired democrats all over the world.
Constitutio
n:
The supreme law of a country
containing fundamental rules governing
the policy and society in a country.
Importance of
Constitution
• Trust and co-ordination
• Specification: specifies how the
government will be constituted. Who will
have power to which decision
• Right and duties: limits the power of
government and tell rights of the
citizens
• Good Society: expressing the aspiration
of the people about creating good society.
INDI
A
Making of the
Indian constitution
difficult and certain
task
Problem faced while making
Indian constitution
• India was huge and diverse country
• The country was divided on the
basis of religions differences
• The merger of princely states with India
or Pakistan or remain independent was
difficult to decide.
• The future of the country was seen not
much secure to make constitution
The path to
constitution:
• 1928: Drafted constitution for
India by Motilal Nehru and
eight other congress leaders.
• 1931 – Resolution at Karachi
on how independent India’s
constitution should look like
with the following features:
1.Universal Adult Frenchised,
2.Right to freedom and
equality
3.To protecting the rights
of minorities
• Many educated Indians were familiarized
with the political and legislative institution
during the colonial(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.
• the practice of parliamentary
democracy of Britain
• the bill of rights in US
but they didn’t simply imitate these
principles.
The Constituent Assembly
(1946)
The drafting of the constitution was done
by an assembly of elected
representatives
(299 members) called the
constituent assembly keeping the
following points in mind.
1.Universal adult
franchise 2.Right ot
freedom
3.Equality and to protecting the rights
• The assembly was dominated by the
Indian Nationalist Congress(I.N.C.) It
has many non- congress members.
• The constitution doesn’t reflect the views
of its members alone, it expresses the
aspiration of all people.
Elections to the
constitution
• Elections to the constituent assembly were held in
July 1946 and its first meeting in December 1946.
• After wards the country was divided into India
and Pakistan.
• The constituent Assembly that wrote the
Indian constitution had 299 members.
• A drafting committee chaired by Dr.
B.R.Ambedkar prepared a draft constitution
for discussion.
• It was discussed clause by clause through several
rounds of discussions.
• The assembly adopted the constitution on 26th
November 1949 and came into effect on 26th
January 1950.
Why should we accept this
constitution?
• Over the last 64 years, no large social group or
political party has ever questioned the legitimacy
of the constitution.
• Constituent assembly represented the people of
India, no universal adult franchise but fair
geographical share of members from all the
regions of the country.
• Assembly represented members from
different language groups, castes,
classes, religion and occupation.
• Finally, the constituent assembly worked
in a systematic, open and consensual
manner.
Indian
constitution
• More than two thousand amendments
were considered
• The members deliberated for 114 days
spread over three years.
• Every document and word spoken in
constituent assembly has been recorded
and preserved which is called
‘CONSTITUENT
ASSEMBLY DEBATE’. These debates
provide are
12 bulky volumes!
Guiding Values of the
Indian Constitution:
• We can understand the constitution of
India through two ways :
• By reading the views of some of major
leaders on constitution
• By understanding what the constitution
says about its own philosophy.
The dreams and the
promises:
• Mahatma Gandhi in his magazine Young India in
1931, spelt out what he wanted the Constitution
to do
• B.R.Ambedkar criticized Mahatma Gandhi
and his vision
• Jawaharlal Nehru gave speech on midnight of
august 15 1947: he stated when the world sleep,
India will awake to life and freedom. Freedom
and power brings responsibilities, Service of
India means service of the millions who suffer,
the ambition of the greatest man of our
generation has been to wipe every tear from
every eye.
Preambl
e:
The constitution begins with the short
statement of its basic values. This is
called the Preamble to the constitution.
Constitution of India:
• Very long and detailed document
• Amended quite regularly to keep updated
• It lays down a procedure for choosing
person to govern the country
• Defines who will have how much power to
take decisions
• Put limits to what the government can do
by providing some rights to the citizen that
cannot be violated.
•
ANY ADDITION……..
Thank you!

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Constitutional Design PPT.pptx

  • 2. Nelson Mandela & South Africa:
  • 3. • Most able, efficient and far sighted leader of Africa national congress • Fought against apartheid during white south African government. • Spent 28 yrs in prison from 1964 - 1992 (Dreaded prison Robben Island)
  • 4. Struggle against Apartheid • During 18th and 19th century, • Europe occupied South Africa, • Settled there • Applied system of apartheid, which divided country into three groups: • White, Black and Coloured (one migrated from india)
  • 5. Aparthei d • A system of racial discrimination unique to South Africa. BLAC K WHIT E COLOUR ED
  • 6. Oppressive system for the Black Blackwere segregated(separated) by: • Forbidden from living in white areas • Could work in white areas if had permit • Discriminated while using public properties • Black could not visit church where white worshipped, form association and protest.
  • 7. African National Congress(ANC) • Since 1950, blacks, coloured and Indians fought against this system • Including workers union, communist and sensitive whites joined them • In 1964, Nelson Mandela and seven other leaders were sentenced to life imprisonment. • But the white racist government continued to rule by torturing and killing thousands of black and colored.
  • 8. Protest increased, the racist government realized that they could no longer keep the black under repression.
  • 9. Racist government changed their policies: • Discriminatory laws were repealed, • Ban on political parties and restriction on the media were lifted, • Nelson Mandela, was released from jail after 28 years of imprisonment.
  • 10. Towards a new constitution • At the midnight of 26 April 1994, the Republic of South Africa ( a multi-racial gov.t )was born. • The black forgave the whites, both the blacks and whites decided to build a new S.A. based on equality of all races on democratic values, social justice and human rights. • After two years discussion and debates they draw a common constitution and gave to its citizen the most extensive rights available in any country.
  • 11. PREAMBLE (SOUTH AFRICA) We the people of South Africa Recognise the injustice 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
  • 12. HEAL THE PAST AND ESTABLISH THE SOCIETY BASED ON DEMOCRATIC VALUES, SOCIAL JUSTICE AND FUNDAMENTAL HUMAN RIGHTS
  • 13. Together they decided • Nobody should excluded • No one should be treated as a demon • Agreed that everybody should become part of solution • It inspired democrats all over the world.
  • 14. Constitutio n: The supreme law of a country containing fundamental rules governing the policy and society in a country.
  • 15. Importance of Constitution • Trust and co-ordination • Specification: specifies how the government will be constituted. Who will have power to which decision • Right and duties: limits the power of government and tell rights of the citizens • Good Society: expressing the aspiration of the people about creating good society.
  • 17. Making of the Indian constitution difficult and certain task
  • 18. Problem faced while making Indian constitution • India was huge and diverse country • The country was divided on the basis of religions differences • The merger of princely states with India or Pakistan or remain independent was difficult to decide. • The future of the country was seen not much secure to make constitution
  • 19. The path to constitution: • 1928: Drafted constitution for India by Motilal Nehru and eight other congress leaders. • 1931 – Resolution at Karachi on how independent India’s constitution should look like with the following features: 1.Universal Adult Frenchised, 2.Right to freedom and equality 3.To protecting the rights of minorities
  • 20. • Many educated Indians were familiarized with the political and legislative institution during the colonial(British) rule. • Years of thinking and deliberation on the framework of the constitution had another benefit.
  • 21. Many of the leaders were inspired by • the ideals of the French Revolution, • the Socialist Revolution in Russia etc. • the practice of parliamentary democracy of Britain • the bill of rights in US but they didn’t simply imitate these principles.
  • 22. The Constituent Assembly (1946) The drafting of the constitution was done by an assembly of elected representatives (299 members) called the constituent assembly keeping the following points in mind. 1.Universal adult franchise 2.Right ot freedom 3.Equality and to protecting the rights
  • 23. • The assembly was dominated by the Indian Nationalist Congress(I.N.C.) It has many non- congress members. • The constitution doesn’t reflect the views of its members alone, it expresses the aspiration of all people.
  • 24. Elections to the constitution • Elections to the constituent assembly were held in July 1946 and its first meeting in December 1946. • After wards the country was divided into India and Pakistan. • The constituent Assembly that wrote the Indian constitution had 299 members. • A drafting committee chaired by Dr. B.R.Ambedkar prepared a draft constitution for discussion. • It was discussed clause by clause through several rounds of discussions. • The assembly adopted the constitution on 26th November 1949 and came into effect on 26th January 1950.
  • 25. Why should we accept this constitution? • Over the last 64 years, no large social group or political party has ever questioned the legitimacy of the constitution. • Constituent assembly represented the people of India, no universal adult franchise but fair geographical share of members from all the regions of the country. • Assembly represented members from different language groups, castes, classes, religion and occupation. • Finally, the constituent assembly worked in a systematic, open and consensual manner.
  • 26. Indian constitution • More than two thousand amendments were considered • The members deliberated for 114 days spread over three years. • Every document and word spoken in constituent assembly has been recorded and preserved which is called ‘CONSTITUENT ASSEMBLY DEBATE’. These debates provide are 12 bulky volumes!
  • 27. Guiding Values of the Indian Constitution: • We can understand the constitution of India through two ways : • By reading the views of some of major leaders on constitution • By understanding what the constitution says about its own philosophy.
  • 28. The dreams and the promises: • Mahatma Gandhi in his magazine Young India in 1931, spelt out what he wanted the Constitution to do • B.R.Ambedkar criticized Mahatma Gandhi and his vision • Jawaharlal Nehru gave speech on midnight of august 15 1947: he stated when the world sleep, India will awake to life and freedom. Freedom and power brings responsibilities, Service of India means service of the millions who suffer, the ambition of the greatest man of our generation has been to wipe every tear from every eye.
  • 29. Preambl e: The constitution begins with the short statement of its basic values. This is called the Preamble to the constitution.
  • 30. Constitution of India: • Very long and detailed document • Amended quite regularly to keep updated • It lays down a procedure for choosing person to govern the country • Defines who will have how much power to take decisions • Put limits to what the government can do by providing some rights to the citizen that cannot be violated. •