Chapter 2: Constitutional Design

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2.1 Democratic Constitution in South Africa
➤ The Story of Apartheid
 Apartheid: System of racial discrimination unique to South Africa, imposed by white
European rulers.
 Black people (native Africans) were treated as inferior, denied basic rights like voting,
education, and freedom of movement.
 Facilities like schools, hospitals, buses, beaches, and churches were segregated.
➤ Nelson Mandela and the Freedom Struggle
 Nelson Mandela: Leader of the African National Congress (ANC); imprisoned for 27
years for opposing apartheid.
 ANC: Umbrella organization fighting against apartheid; included blacks, coloureds,
Indians, and sympathetic whites.
 Protest methods: Marches, strikes, defiance campaigns.
➤ Transition to Democracy
 Increasing protests made white rulers realize they couldn't hold power through force.
 Discriminatory laws were removed; restrictions on political parties and media were
lifted.
 Nelson Mandela was released in 1990.
 In 1994, apartheid ended; a multi-racial democratic government was established.
 The New Constitution of South Africa was created through consensus and gave
extensive rights to citizens.

2.2 Why Do We Need a constitution?

➤ Meaning of Constitution
 A Constitution is a set of written rules accepted by all people of a country.
 It is the supreme law of the land.
➤ Functions of a Constitution
1. Trust and Coordination: Ensures different communities can live together peacefully.
2. Defines Government Structure: Who governs, how they are chosen.
3. Limits Power: Prevents misuse of power by defining what the government can and
cannot do.
4. Rights of Citizens: Protects fundamental rights.
5. Guides a Good Society: Expresses values like liberty, justice, and equality.
➤ Need in South Africa
 After years of hatred and discrimination, both blacks and whites needed rules to live
together peacefully.
 Constitution helped in building trust between former enemies.

2.3 Making of the Indian Constitution

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➤ Difficult Circumstances
 India got freedom in 1947, accompanied by Partition, communal riots, and
integration of princely states.
 Despite challenges, leaders had clarity on the democratic path due to the freedom
struggle.
➤ Historical Developments
 1928: Motilal Nehru and Congress leaders prepared a constitution.
 1931: Karachi session of INC spoke about fundamental rights and democracy.
 Leaders were committed to:
o Universal Adult Franchise
o Equality
o Minority protection
o Freedom of religion and speech
➤ Influence of Colonial Rule
 Experience under British laws (e.g., Government of India Act 1935) gave Indians
familiarity with institutions like legislature and elections.
➤ Global Inspirations
 French Revolution: Liberty, equality, fraternity.
 British Parliament: Parliamentary democracy.
 USA: Bill of Rights.
 Russia: Socialist ideas of economic equality.

2.4 The Constituent Assembly

➤ Composition
 Formed in 1946, had 299 members.
 Represented all regions, religions, castes, and political ideologies.
 Included women, minorities, Dalits, industrialists, farmers, etc.
 Dominated by Indian National Congress, but also included members from other
parties and independents.
➤ Working
 First meeting: December 1946.
 Constitution adopted on 26 November 1949, enforced on 26 January 1950 (Republic
Day).
 Worked in an open, consensual and democratic manner.
 Spent 3 years, held 114 meetings, and discussed over 2000 amendments.
 Drafting Committee chaired by Dr. B. R. Ambedkar.
➤ Legitimacy of the Constitution
 Accepted by all major groups.
 Never rejected by any political party or community.
 Remains a living document even after decades.

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 2.5 Guiding Values of the Indian Constitution
➤ Contributions of Leaders
1. Mahatma Gandhi:
o Vision of India without untouchability or discrimination.
o Equal rights for women.
o India for the poorest of the poor.
2. Dr. B. R. Ambedkar:
o Warned against social and economic inequality.
o Advocated political and social democracy.
3. Jawaharlal Nehru:
o "Tryst with Destiny" speech.
o Emphasized freedom with responsibility and ending poverty and inequality.

2.6 The Preamble of the Indian Constitution

The Preamble is the introductory statement that reflects the philosophy and objectives of
the Constitution.
➤ Key Features of the Preamble:
Term Meaning
We, the People of The Constitution was made by the people, not imposed by any
India ruler.
Sovereign India is free to make its laws and decisions.
Socialist The government aims to reduce economic inequality.
Secular Equal respect for all religions. No official religion.
Democratic Government by elected representatives; people have the power.
Republic The head of state is elected, not inherited.
Justice Social, economic, and political justice for all.
Liberty Freedom of thought, expression, belief, faith, and worship.
Equality Equal status and opportunity to all citizens.
Fraternity Sense of brotherhood, unity, and integrity of the nation.

2.7 Institutional Design and Amendments

 The Constitution is not static; it allows amendments to suit changing needs.
 Over 100 amendments have been made since 1950.
 Amendments ensure the Constitution remains flexible yet firm.

Homework- Write the following questions and answers in the notebook-

Short answers: (2/3 Marks each)
1) ‘The authority of the rules of the constitution is the same as that of any other
law’. Explain.
Ans: Introduction: The Constitution is the supreme law of India.

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I. It is the foundation for all other laws—no law can contradict it.
II. All citizens, including government officials, are legally bound by it.
III. It defines the structure of government, the division of powers, and the rights of
citizens.
IV. Violations of the Constitution can be challenged in court just like any other law.
Conclusion: Thus, the Constitution holds the same legal authority as any other law,
ensuring the rule of law and accountability.

2) What do you understand by constitutional amendment?

Ans: Introduction: A constitutional amendment is a formal change to the
Constitution to adapt to changing needs.
I. It adds, deletes, or modifies provisions.
II. In India, amendments are passed by Parliament under Article 368.
III. Some amendments require special majority approval in both Houses and, in
certain cases, ratification by states.
IV. They ensure the Constitution remains responsive, flexible, and relevant.
Conclusion: A constitutional amendment helps the Constitution evolve over time,
balancing permanence with adaptability.

3) Mention the main point of Nehru’s famous speech that he made to the
Constituent Assembly.
Ans: Introduction: Nehru’s “Tryst with Destiny” speech marked India’s birth as an
independent nation.
I. Delivered on 14 August 1947, it celebrated India’s freedom.
II. He called for end of poverty, ignorance, and disease.
III. Emphasized that freedom brings responsibility and sacrifice.
IV. Called upon citizens to serve the nation loyally.
Conclusion: Nehru’s speech inspires citizens to build a democratic, just, and
progressive India.

4) What is the importance of the Preamble of the Constitution?

Ans: Introduction: The Preamble is the introductory statement reflecting the
Constitution’s core values.
I. It declares India to be Sovereign, Socialist, Secular, Democratic, Republic.
II. Guarantees Justice (social, economic, political).
III. Ensures Liberty (of thought, expression, belief, worship).
IV. Upholds Equality (status, opportunity).
V. Promotes Fraternity to maintain unity and dignity among citizens.
Conclusion: The Preamble serves as a guiding light for interpreting the Constitution’s
intent and spirit.

5) Who was Vallabhbhai Jhaverbhai Patel?

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Ans: Introduction: Sardar Patel, also called the Iron Man of India, was a key figure
in India’s freedom and constitutional history.
I. Senior leader of the Indian National Congress.
II. Instrumental in integrating princely states into the Union of India.
III. Served in the Constituent Assembly shaping the administrative framework.
IV. Known for his strong leadership and vision in nation-building.
Conclusion: Sardar Patel’s legacy lies in uniting India administratively and
strengthening its democratic foundation.

6) What do you understand by the term apartheid?

Ans: Introduction: Apartheid was a system of legalized racial segregation in South
Africa.
I. Enforced separation of races, especially whites and blacks.
II. Denied non-whites basic political and civil rights.
III. Enforced segregation in housing, education, transport, and public spaces.
IV. Implemented through harsh laws, passbooks, and movement controls.
Conclusion: Apartheid represented deep injustice, only dismantled through persistent
struggle and negotiation.

7) What basic rules are followed to form a Constitution?

Ans: Introduction: A Constitution must be designed to serve the people and
safeguard democracy.
I. It must reflect the aspirations and will of the populace.
II. Define a clear structure of government and division of powers.
III. Protect fundamental rights and ensure rule of law.
IV. Promote equality, justice, and national unity.
V. Provide mechanisms for amendment to ensure adaptability.
Conclusion: These principles ensure the Constitution remains legitimate, fair, and
dynamic.

8) What documents and compromises were taken by the Constituent Assembly to

form the Indian Constitution?
Ans: Introduction: The Framers of the Constitution synthesised global influences
and national needs.
I. Passed the Objectives Resolution, laying foundational principles.
II. Referenced the Government of India Act, 1935, for administrative structures.
III. Borrowed Fundamental Rights from the U.S. model.
IV. Adopted the Parliamentary system from Britain.
V. Embraced Directive Principles from Ireland.
VI. Balanced interests of majorities and minorities via compromise and consultation.
Conclusion: The Assembly created a comprehensive, inclusive, and adaptable
Constitution suited to India’s context.

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Long answers: (5 Marks each)

1) State any five ways by which the blacks were discriminated against in South
Africa.
Ans: Introduction: Under apartheid, black South Africans faced systematic
discrimination in every aspect of life.
I. Black people were denied voting rights and political representation.
II. Separate schools, hospitals, buses, and public facilities were allocated.
III. Blacks needed passbooks to move outside designated areas.
IV. Inter-racial marriages and relationships were banned.
V. Blacks were restricted to low-paid, menial jobs, and excluded from skilled
professions.
VI. They were densely populated in slum areas with inferior living conditions.
Conclusion: These oppressive laws reinforced racial inequality, later dismantled
through prolonged struggle.

2) “The South African Constitution inspires democrats all over the world”.
Comment.
Ans: Introduction: The post-apartheid South African Constitution symbolizes a
breakthrough in democratic transitions.
I. Negotiated peacefully among oppressed and oppressors.
II. Rejected apartheid by recognizing all citizens as equal before the law.
III. Created a Bill of Rights safeguarding civil, political, and social liberties.
IV. Promoted reconciliation through bodies like the Truth and Reconciliation
Commission.
V. Adopted majority rule with built-in protections for minorities.
VI. Recognises citizens’ dignity, freedom, and equality.
Conclusion: It serves as a global benchmark for inclusive democracy and human
rights.

3) Highlight any five difficult circumstances under which the Indian Constitution
was drawn up.
Ans: Introduction: Framing the Indian Constitution required confronting numerous
challenges and complexities.
I. Countrymen witnessed massive death and displacement from Partition.
II. Annihilation of communal harmony and rise in sectarian violence.
III. Poor economic conditions, poverty, and widespread illiteracy.
IV. Over 500 princely states required political integration.
V. No prior democratic governance experience or institutions.
VI. Need to accommodate enormous cultural, linguistic, and religious diversity.

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Conclusion: The Assembly overcame all obstacles to draft a robust and visionary
Constitution.

4) “Democracy is the only peaceful solution to the problems in a socially diverse

country like India”. Comment.
Ans: Introduction: In a society marked by diversity, democracy offers the best path
to unity and peace.
I. Democracy grants voice and representation to various groups.
II. It ensures political equality irrespective of religion, caste, language, or region.
III. Elections and debates provide peaceful platforms for resolving conflicts.
IV. Upholds citizens’ rights through legal protections.
V. Prevents tyranny or domination by any single group.
VI. Encourages consent-based governance, fostering national integration.
Conclusion: Democracy channels diversity into cooperative dialogue, ensuring
peaceful coexistence.

5) Explain the terms Sovereign, Socialist, Secular, Democratic, and Republic.

Ans: Introduction: These terms in the Preamble define India’s national identity and
direction.
I. Sovereign: India governs itself, without external interference.
II. Socialist: Aims to reduce economic and social inequalities.
III. Secular: Maintains neutrality toward all religions, ensuring equal respect.
IV. Democratic: Power lies with the people, exercised through free and fair
elections.
V. Republic: Head of state is elected; office is non-hereditary.
Conclusion: Together, these principles establish India as an independent, fair, and
democratic republic.

6) Explain the terms Justice, Liberty, Equality, and Fraternity written in the
Preamble of India.
Ans: Introduction: These core values guide Indian democracy and citizenship rights.
I. Justice: Ensures social, economic, and political fairness for all.
II. Liberty: Guarantees freedom of thought, expression, belief, faith, and worship.
III. Equality: Promotes equal status, opportunity, and protection under the law.
IV. Fraternity: Cultivates a sense of brotherhood, ensuring unity and dignity for
every citizen.
Conclusion: These ideals aim to create a harmonious, inclusive, and equitable
society.

7) Write any five features of the Indian Constitution.

Ans: Introduction: The Indian Constitution is a unique and detailed document,
reflecting democracy and diversity.

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I. It is the longest written Constitution in the world.
II. Establishes a Parliamentary form of government at the Centre and states.
III. Contains Fundamental Rights and Directive Principles for citizen welfare.
IV. Based on federal structure with strong Union and responsive States.
V. Provides for an independent judiciary to interpret the Constitution.
VI. Contains procedures for amendment, enabling evolution with society's needs.
Conclusion: These features enable the Constitution to be both enduring and
adaptable, working as a firm democratic foundation.

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