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CONSTITUTIONAL
DESIGN
CONCEPTS
2
1 3
4
2
Democratic
ConstitutionIn South
Africa
Making Of The
IndianConstitution
Why Do We Need
Constitution?
GuidingValues Of
The Indian
Constitution
DEMOCRATIC
CONSTITUTION
IN
SOUTH AFRICA
3
4
NEW WORD MEANING
TREASON The offence of attempt to overthrow the government of the state to which the
offender owes allegiance.
APARTHIED
The official policy of racial separation and ill treatment of blacks followed by the
government of South Africa between 1949 and 1989.
CONSTITUTION
Supreme law of a country, containing fundamental rules governing the policies
and society in a allegiance
AFRICAN NATIONAL
CONGRESS (ANC)
The umbrella organization that led the struggle against the policies of
segregation.
Struggle against apartheid
 The apartheid system was particularly oppressive for the blacks.
 They were forbidden from living in white areas.
 They could work in white areas only if they had a permit.
 Trains, buses, taxis, hotels, hospitals, schools and colleges, libraries, cinema
halls, theatres, beaches, swimming pools, public toilets, were all separate for
the whites and blacks.
 This was called segregation. They could not even visit the churches where the
whites worshipped.
 Blacks could not form associations or protest against the terrible treatment
5
Channels
Insert your content
6
Revenue Streams
 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.
ROBBEN ISLAND PRISON, SA
9
NELSON MANDELA & SOUTH
AFRICA
 This was Nelson Mandela, being tried for treason by the
white South African government.
 He and seven other leaders were sentenced to life
imprisonment in 1964 for daring to oppose the apartheid
regime in his country.
 He spent the next 28 years in South Africa’s most dreaded
prison, Robben Island
10
11
Towards a new constitution
● As protests and struggles against apartheid had
increased, the government realised that they could
no longer keep the blacks under their rule through
repression.
● The white regime changed its policies.
● Discriminatory laws were repealed.
● Ban on political parties and restrictions on the
media were lifted.
● After 28 years of imprisonment, Nelson Mandela
walked out of the jail as a free man.
12
● Finally, at the midnight of 26 April 1994,
the new national flag of the Republic of
South Africa was unfurled marking the
newly born democracy in the world.
● The apartheid government came to an
end, paving way for the formation of a
multi-racial government.
13
● After two years of discussion and debate they came
out with one of the finest constitutions the world
has ever had.
● 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, no one
should be treated as a demon.
● They agreed that everybody should become part of
the solution, whatever they might have done or
represented in the past.
● The preamble to the South African Constitution
sums up this spirit.
15
17
Assessment
What is apartheid?
Official policy of racial discrimination.
Name the organisation that led
to the struggle against the
policies of segregation.
ANC(African National Congress)
When did South Africa
became a democratic country?
26th April, 1994
What is a constitution?
A set of written rules that are accepted by
all the people in the country.
Assignment
Write a short
note on Nelson
Mandela
How did the white
minority and black
majority agree to
draw up a new
constitutionin
South Africa?
Describe the
efforts made by
people to struggle
against
'Apartheid '.
03
01 02
WHY DO WE NEED A CONSTITUTION?
Need and importance of the
constitution concept
֍ The constitution of a country is a set of written rules that are accepted by all people living
together in a country.
֍ 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.
֍ It generates a degree of trust and coordination that is necessary for diverse groups to live
together.
֍ It specifies how the government will be constituted, who will have power to take which
decision.
֍ It limits on the powers of the government and let us know the rights of the citizens
֍ It express 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.
∞ After the War of Independence against Great Britain, the Americans gave
themselves a constitution.
∞ After the Revolution, the French people approved a democratic constitution.
∞ Since then it has become a practice in all democracies to have a written
constitution
∞ Whether democratic or not, most countries in the world need to have these
basic rules.
∞ This applies not just to governments.
∞ Any association needs to have its constitution.
Making of
the Indian
Constitution
Problems of
Integration
of Princely
States
•Partition
on the basis
of religious
differences
•Diverse
group of
population
Problems of Integration of Princely States
Diverse Group Of Population
Partition On The Basis Of Religious Differences
The Path to the constitution of India
 In 1928 Motilal Nehru and eight other Congress leaders
drafted constitution of India.
 In 1931, the resolution at the Karachi session of the
Indian National Congress dwelt on how independent
India's Constitution should look like.
 Both these documents were committed to the inclusion
of universal adult franchise, right to freedom and
equality and to protecting the rights of minorities in the
constitution of independent India.
 Some basic values were accepted by all leaders
much before the Constituent Assembly met to
deliberate on the Constitution.
• The familiarity with political institutions
of colonial rule also helped develop an
agreement over the institutional design.
• The British rule had given voting rights
only a few and conducted elections for the
provincial legislatures in 1937.
• Government of India Act-1935.
• Inspirations from French Revolution, Bill
of Rights in the U.S.
• The socialist revolution in Russia had
inspired many Indians to think of shaping
a system based on social and economic
equality.
• All the above factors contributed to the
making of our Constitution.
The Constituent Assembly
 The drafting of the document called the constitution 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. Soon after, the
country was divided into India and Pakistan.
 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
It Took Nearly 3 Years To Write It Down The Constituent
Assembly, which first met on 9 December 1946, took
precisely 2 years, 11 months and 18 days to come up
with the final draft.
2,000 Amendments Were
Made to the First Draft
26 November 1949: The Final Draft Was Ready The
Constituent Assembly sat for a total of 11 sessions. The
11th session was held between 14-26 November 1949.
On 26 November 1949, the final draft of the Constitution
was ready.
26 January 1950: The Constitution Was Legally
Enforced Passed by the Constituent Assembly on 26
November 1949, it came into effect on 26 January
1950. The date 26 January was chosen to
commemorate the declaration of Purna Swaraj
(complete Independence) of 1930.
Constituent Assembly Members
Do you Know..??
Why is B. R. Ambedkar's statue always pointing?
The statue represents Bhimrao Ramji Ambedkar, Law
Minister in the Government of India from 1947 to 1951;
the book underneath his arm is the Indian Constitution,
and his finger points to the parliament building because it
was there that in 1948 he presented his draft Constitution
to the Constituent Assembly, there that it was accepted a
year later, and there that the legislation based on its
provisions has ever since been passed.
Why should we accept the Constitution made by the Constituent Assembly
more than 50 years ago?
 The constitution does not reflect the views of its members alone. It expresses a broad consensus of its
time.
 The Constituent Assembly represented the people of India.
 The Constituent Assembly elected by the members of existing Provincial Legislatures which ensured
a fair geographical share of members from all the regions the country.
 The Constituent Assembly worked in a systematic, open and consensual manner.
 A Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion.
After several rounds of thorough discussion took place on the Draft Constitution, clause [A distinct
section of a document] by clause.
 The members deliberated for 114 days spread over three years.
 Every document presented and every word spoken in the Constituent Assembly has been recorded
and preserved. These are called 'Constituent Assembly Debates'.
 These debates provide the rationale behind every provision of the Constitution. These are used to
interpret, the meaning of the Constitution.
Assessment
1. The Constitution of India was adopted by ____________
a. Governor General b. British Parliament
c. Constituent Assembly d. Parliament
2. The Constitution of India was enacted by a Constituent Assembly set up____________
a. under the Indian Independent Act 1947
b. under the Cabinet Mission Plan, 1946
c. through a resolution of the Provisional Government
d. by the Indian National Congress.
3. Who among the following was the Chairman of the Drafting Committee of the Indian
Constitution?
a. Dr. Rajendra Prasad b. Tej Bahadur Sapru
c. Dr.B.R. Ambedkar d. C. Rajagopala Chari
4. Who was the President of the Constituent Assembly?
a. Dr.Rajendra Prasad b. Pt.Jawaharlal Nehru
c. Dr.B.R. Ambedkar d. C. Rajagopalachari
5. Who among the following is known as the 'Father of the Indian Constitution'?
a. Dr. Rajendra Prasadb. Pt. Jawaharlal Nehru
c. Dr. B.R. Ambedkar d. Mahatma Gandhi
Assignment
1. What is a Constitution? Why is it so important?
2. 'The making of the constitution for a huge and diverse country like
India was not an easy affair'. Justify the statement.
3. Define the term 'Constituent Assembly'.
4. Write a short note on the any three prominent members of the
Constituent Assembly from your state/region.
5. Why should we accept the Constitution made by the Constituent
Assembly more than fifty years ago?
Guiding values of
the Indian
Constitution
Philosophy of the
new constitution
The Dream and the
Promises
Preamble
Institutional Design
Guiding values of the Indian Constitution
The Dream and the Promise
 Gandhiji spelt out what he wanted the Constitution
to do in his magazine 'Young India in 1931.
 He was not a member of the Constituent Assembly.
 This dream of an India that has eliminated inequality
was shared by Dr. Ambedkar, who played a key role
in the making of the Constitution but he had a
different understanding of how inequalities could be
removed
 He often bitterly criticised Mahatma Gandhi and his
vision.
Philosophy of the Constitution
WE, THE PEOPLE
OF INDIA SECULAR REPUBLIC
LIBERTY FRATERNITY
SOVEREIGN SOCIALIST DEMOCRATIC
JUSTICE EQUALITY
ACTIVITY
 https://secure.mygov.in/read-the-preamble-india/
 Log into above site
 Read Preamble of Constitution and
 Download E-certificate of Preamble
Institutional Design
# It is a very long and detailed document.
# Therefore it needs to be amended quite regularly to keep it updated.
# Those who crafted the Indian Constitution felt that it has to be in accordance with people’s
aspirations and changes in society.
# They did not see it as a sacred, static and unalterable law.
# So, they made provisions to incorporate changes from time to time.
# These changes are called constitutional amendments.
# Like any Constitution, the Indian Constitution lays down a procedure for choosing persons to
govern the country.
# It defines who will have how much power to take which decisions.
# And it puts limits to what the government can do by providing some rights to the citizen that
cannot be violated.
 To download THE CONSTITUTION OF INDIA
 Please use below link
 https://legislative.gov.in/sites/default/files/COI_1.pdf
THE CONSTITUTION OF INDIA
Assessment
1. Why is India is considered as a sovereign country?
2. How do you define a country where citizens have complete freedom to follow
any religion?
3. Define the term preamble.
4. Who was the writer of the magazine 'Young India'?
5. What are 'Constituent Assembly Debates'?
6. Which country has the largest written constitution in the world?
7. If the head of the state is an elected person and not a hereditary position. What
is it called?
8. Match the following leaders with their role in making of the constitution
Assignment
1. Describe any five features of the Indian Constitution
included in the preamble.
2. Why did the Constitution-framers make provisions for
amendments in the Indian Constitution? Give three
reasons.
3. “The Constituent Assembly was the representative
body of the people of India.” Explain with examples.
Constitutional design

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Constitutional design

  • 2. CONCEPTS 2 1 3 4 2 Democratic ConstitutionIn South Africa Making Of The IndianConstitution Why Do We Need Constitution? GuidingValues Of The Indian Constitution
  • 4. 4 NEW WORD MEANING TREASON The offence of attempt to overthrow the government of the state to which the offender owes allegiance. APARTHIED The official policy of racial separation and ill treatment of blacks followed by the government of South Africa between 1949 and 1989. CONSTITUTION Supreme law of a country, containing fundamental rules governing the policies and society in a allegiance AFRICAN NATIONAL CONGRESS (ANC) The umbrella organization that led the struggle against the policies of segregation.
  • 5. Struggle against apartheid  The apartheid system was particularly oppressive for the blacks.  They were forbidden from living in white areas.  They could work in white areas only if they had a permit.  Trains, buses, taxis, hotels, hospitals, schools and colleges, libraries, cinema halls, theatres, beaches, swimming pools, public toilets, were all separate for the whites and blacks.  This was called segregation. They could not even visit the churches where the whites worshipped.  Blacks could not form associations or protest against the terrible treatment 5
  • 7.
  • 8.  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.
  • 10. NELSON MANDELA & SOUTH AFRICA  This was Nelson Mandela, being tried for treason by the white South African government.  He and seven other leaders were sentenced to life imprisonment in 1964 for daring to oppose the apartheid regime in his country.  He spent the next 28 years in South Africa’s most dreaded prison, Robben Island 10
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  • 12. Towards a new constitution ● As protests and struggles against apartheid had increased, the government realised that they could no longer keep the blacks under their rule through repression. ● The white regime changed its policies. ● Discriminatory laws were repealed. ● Ban on political parties and restrictions on the media were lifted. ● After 28 years of imprisonment, Nelson Mandela walked out of the jail as a free man. 12
  • 13. ● Finally, at the midnight of 26 April 1994, the new national flag of the Republic of South Africa was unfurled marking the newly born democracy in the world. ● The apartheid government came to an end, paving way for the formation of a multi-racial government. 13
  • 14. ● After two years of discussion and debate they came out with one of the finest constitutions the world has ever had. ● 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, no one should be treated as a demon. ● They agreed that everybody should become part of the solution, whatever they might have done or represented in the past. ● The preamble to the South African Constitution sums up this spirit.
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  • 18. Assessment What is apartheid? Official policy of racial discrimination. Name the organisation that led to the struggle against the policies of segregation. ANC(African National Congress) When did South Africa became a democratic country? 26th April, 1994 What is a constitution? A set of written rules that are accepted by all the people in the country.
  • 19. Assignment Write a short note on Nelson Mandela How did the white minority and black majority agree to draw up a new constitutionin South Africa? Describe the efforts made by people to struggle against 'Apartheid '. 03 01 02
  • 20. WHY DO WE NEED A CONSTITUTION?
  • 21. Need and importance of the constitution concept ֍ The constitution of a country is a set of written rules that are accepted by all people living together in a country. ֍ 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. ֍ It generates a degree of trust and coordination that is necessary for diverse groups to live together. ֍ It specifies how the government will be constituted, who will have power to take which decision. ֍ It limits on the powers of the government and let us know the rights of the citizens ֍ It express the aspirations of the people about creating a good society.
  • 22. ∞ All countries that have constitutions are not necessarily democratic. ∞ But all countries that are democratic will have constitutions. ∞ After the War of Independence against Great Britain, the Americans gave themselves a constitution. ∞ After the Revolution, the French people approved a democratic constitution. ∞ Since then it has become a practice in all democracies to have a written constitution ∞ Whether democratic or not, most countries in the world need to have these basic rules. ∞ This applies not just to governments. ∞ Any association needs to have its constitution.
  • 23. Making of the Indian Constitution Problems of Integration of Princely States •Partition on the basis of religious differences •Diverse group of population
  • 24. Problems of Integration of Princely States
  • 25. Diverse Group Of Population
  • 26. Partition On The Basis Of Religious Differences
  • 27. The Path to the constitution of India  In 1928 Motilal Nehru and eight other Congress leaders drafted constitution of India.  In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how independent India's Constitution should look like.  Both these documents were committed to the inclusion of universal adult franchise, right to freedom and equality and to protecting the rights of minorities in the constitution of independent India.  Some basic values were accepted by all leaders much before the Constituent Assembly met to deliberate on the Constitution.
  • 28. • The familiarity with political institutions of colonial rule also helped develop an agreement over the institutional design. • The British rule had given voting rights only a few and conducted elections for the provincial legislatures in 1937. • Government of India Act-1935. • Inspirations from French Revolution, Bill of Rights in the U.S. • The socialist revolution in Russia had inspired many Indians to think of shaping a system based on social and economic equality. • All the above factors contributed to the making of our Constitution.
  • 29.
  • 30. The Constituent Assembly  The drafting of the document called the constitution 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. Soon after, the country was divided into India and Pakistan.  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
  • 31. It Took Nearly 3 Years To Write It Down The Constituent Assembly, which first met on 9 December 1946, took precisely 2 years, 11 months and 18 days to come up with the final draft.
  • 32. 2,000 Amendments Were Made to the First Draft
  • 33. 26 November 1949: The Final Draft Was Ready The Constituent Assembly sat for a total of 11 sessions. The 11th session was held between 14-26 November 1949. On 26 November 1949, the final draft of the Constitution was ready.
  • 34. 26 January 1950: The Constitution Was Legally Enforced Passed by the Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950. The date 26 January was chosen to commemorate the declaration of Purna Swaraj (complete Independence) of 1930.
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  • 40. Do you Know..?? Why is B. R. Ambedkar's statue always pointing? The statue represents Bhimrao Ramji Ambedkar, Law Minister in the Government of India from 1947 to 1951; the book underneath his arm is the Indian Constitution, and his finger points to the parliament building because it was there that in 1948 he presented his draft Constitution to the Constituent Assembly, there that it was accepted a year later, and there that the legislation based on its provisions has ever since been passed.
  • 41. Why should we accept the Constitution made by the Constituent Assembly more than 50 years ago?  The constitution does not reflect the views of its members alone. It expresses a broad consensus of its time.  The Constituent Assembly represented the people of India.  The Constituent Assembly elected by the members of existing Provincial Legislatures which ensured a fair geographical share of members from all the regions the country.  The Constituent Assembly worked in a systematic, open and consensual manner.  A Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion. After several rounds of thorough discussion took place on the Draft Constitution, clause [A distinct section of a document] by clause.  The members deliberated for 114 days spread over three years.  Every document presented and every word spoken in the Constituent Assembly has been recorded and preserved. These are called 'Constituent Assembly Debates'.  These debates provide the rationale behind every provision of the Constitution. These are used to interpret, the meaning of the Constitution.
  • 42.
  • 43. Assessment 1. The Constitution of India was adopted by ____________ a. Governor General b. British Parliament c. Constituent Assembly d. Parliament 2. The Constitution of India was enacted by a Constituent Assembly set up____________ a. under the Indian Independent Act 1947 b. under the Cabinet Mission Plan, 1946 c. through a resolution of the Provisional Government d. by the Indian National Congress. 3. Who among the following was the Chairman of the Drafting Committee of the Indian Constitution? a. Dr. Rajendra Prasad b. Tej Bahadur Sapru c. Dr.B.R. Ambedkar d. C. Rajagopala Chari 4. Who was the President of the Constituent Assembly? a. Dr.Rajendra Prasad b. Pt.Jawaharlal Nehru c. Dr.B.R. Ambedkar d. C. Rajagopalachari 5. Who among the following is known as the 'Father of the Indian Constitution'? a. Dr. Rajendra Prasadb. Pt. Jawaharlal Nehru c. Dr. B.R. Ambedkar d. Mahatma Gandhi
  • 44. Assignment 1. What is a Constitution? Why is it so important? 2. 'The making of the constitution for a huge and diverse country like India was not an easy affair'. Justify the statement. 3. Define the term 'Constituent Assembly'. 4. Write a short note on the any three prominent members of the Constituent Assembly from your state/region. 5. Why should we accept the Constitution made by the Constituent Assembly more than fifty years ago?
  • 45. Guiding values of the Indian Constitution
  • 46. Philosophy of the new constitution The Dream and the Promises Preamble Institutional Design Guiding values of the Indian Constitution
  • 47. The Dream and the Promise  Gandhiji spelt out what he wanted the Constitution to do in his magazine 'Young India in 1931.  He was not a member of the Constituent Assembly.  This dream of an India that has eliminated inequality was shared by Dr. Ambedkar, who played a key role in the making of the Constitution but he had a different understanding of how inequalities could be removed  He often bitterly criticised Mahatma Gandhi and his vision.
  • 48. Philosophy of the Constitution WE, THE PEOPLE OF INDIA SECULAR REPUBLIC LIBERTY FRATERNITY SOVEREIGN SOCIALIST DEMOCRATIC JUSTICE EQUALITY
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  • 54. ACTIVITY  https://secure.mygov.in/read-the-preamble-india/  Log into above site  Read Preamble of Constitution and  Download E-certificate of Preamble
  • 55. Institutional Design # It is a very long and detailed document. # Therefore it needs to be amended quite regularly to keep it updated. # Those who crafted the Indian Constitution felt that it has to be in accordance with people’s aspirations and changes in society. # They did not see it as a sacred, static and unalterable law. # So, they made provisions to incorporate changes from time to time. # These changes are called constitutional amendments. # Like any Constitution, the Indian Constitution lays down a procedure for choosing persons to govern the country. # It defines who will have how much power to take which decisions. # And it puts limits to what the government can do by providing some rights to the citizen that cannot be violated.
  • 56.  To download THE CONSTITUTION OF INDIA  Please use below link  https://legislative.gov.in/sites/default/files/COI_1.pdf THE CONSTITUTION OF INDIA
  • 57. Assessment 1. Why is India is considered as a sovereign country? 2. How do you define a country where citizens have complete freedom to follow any religion? 3. Define the term preamble. 4. Who was the writer of the magazine 'Young India'? 5. What are 'Constituent Assembly Debates'? 6. Which country has the largest written constitution in the world? 7. If the head of the state is an elected person and not a hereditary position. What is it called? 8. Match the following leaders with their role in making of the constitution
  • 58. Assignment 1. Describe any five features of the Indian Constitution included in the preamble. 2. Why did the Constitution-framers make provisions for amendments in the Indian Constitution? Give three reasons. 3. “The Constituent Assembly was the representative body of the people of India.” Explain with examples.