The process and principles involved in establishing a constitution are examined in "Constitutional Design," Chapter 2 of the NCERT Class 9 Political Science textbook. The importance of a constitution for establishing a just and democratic governing system is explored in depth in this chapter. It emphasises crucial elements including the constitution's drafting, the role of numerous stakeholders, the significance of ideas like separation of powers, and the necessity of checks and balances. Students learn about the fundamental ideas and ideals that influence a nation's constitutional structure in this chapter. Let’s dive into the details of the related concepts in this chapter on Constitutional Design. These short notes will help you in understanding and revising the chapter. Key Points of Ch - 2: Constitutional Design- Constitutional Design: It refers to the process of creating or writing a constitution for a country. A constitution sets out the basic principles and framework of governance, defining the structure, powers, and functions of the government.
- “I have fought against white domination and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die”, quoted Nelson Mandela.
- Apartheid - a system of racial discrimination unique to South Africa. Apartheid divided the people and labelled them on the basis of their skin colour.
- The native people of South Africa are black in colour. They made up about three-fourth of the population and were called ‘blacks’. Besides these two groups, there were people of mixed races who were called ‘coloured’ and people who migrated from India. The white rulers treated all nonwhites as inferiors. The non-whites did not have voting rights.
- Segregation - 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.
- 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 South African constitution inspires democrats all over the world.
1. Why Do We Need a Constitution?- To prevent the misuse of power by the government. - To promote stability and continuity in governance. - To protect the rights and freedoms of citizens. - To define the relationship between the government and the people.
- The 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. A constitution does many things:
- First, it generates a degree of trust and coordination that is necessary for different kind of people to live together;
- Second, it specifies how the government will be constituted, who will have power to take which decisions;
- Third, it lays down limits on the powers of the government and tells us what the rights of the citizens are; and
- Fourth, it expresses the aspirations of the people about creating a good society.
2. Making of the Indian Constitution:- As far back as in 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for 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. Thus some basic values were accepted by all leaders much before the Constituent Assembly met to deliberate on the Constitution.
- The Indian Constitution was drafted by a Constituent Assembly.
- The Constituent Assembly was formed in 1946 and chaired by Dr. B.R. Ambedkar. Elections to the Constituent Assembly were held in July 1946. Its first meeting was held in December 1946.
- It took almost three years to draft the Constitution, and it was adopted on 26th November 1949 but it came into effect on 26 January 1950. To mark this day we celebrate January 26 as Republic Day every year.
- The Constituent Assembly that wrote the Indian constitution had 299 members.
- 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’.
- Mahatma Gandhi was not a member of the Constituent Assembly. Yet there were many members who followed his vision. Years ago, writing in his magazine, ‘Young India’ in 1931, he shared his vision of India free from any type of inequalities where all the communities live in harmony with each other.
3. Key Features of the Indian Constitution:- Lengthy and Detailed: The Indian Constitution is one of the longest in the world, containing a Preamble and 470 Articles (as of the knowledge cutoff date).
- Federal System: It establishes a federal system of government with a division of powers between the central and state governments.
- Parliamentary Form of Government: India follows the parliamentary system, where the Prime Minister is the head of government.
- Fundamental Rights: The Constitution guarantees fundamental rights to citizens, ensuring their freedom and equality.
- Directive Principles of State Policy (DPSP): DPSPs are non-justiciable guidelines for the government to promote social and economic justice.
- Independent Judiciary: The judiciary is separate from the executive and legislature to ensure the rule of law.
- Secular State: India is a secular country, where the state treats all religions equally.
4. Challenges in Drafting the Constitution:- Diverse Population: India's vast diversity in culture, language, religion, and ethnicity posed challenges in accommodating various interests. - Caste System: The Constituent Assembly faced the challenge of addressing social inequalities, including the caste system. - Language Issue: There were debates over which language should be the official language of India. - Women's Representation: Ensuring adequate representation of women in the Constituent Assembly and the government was another challenge. 5. The Role of Dr. B.R. Ambedkar:- Dr. B.R. Ambedkar played a pivotal role in drafting the Constitution. - He championed the cause of social justice and ensured the inclusion of provisions for the upliftment of marginalized sections. 6. The Working of the Indian Constitution:- The Constitution came into effect on 26th January 1950, marking India's transition to a Republic. - It has been amended several times to meet the evolving needs of the nation. - The Constitution serves as a living document, providing a framework for governance. 7. Keywords in the Preamble of Our Constitution- WE, THE PEOPLE OF INDIA: The constitution has been drawn up and enacted by the people through their representatives, and not handed down to them by a king or any outside powers.
- SOVEREIGN: People have the 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. Government should regulate the ownership of land and industry to reduce socio-economic inequalities.
- SECULAR: Citizens have complete freedom to follow any religion. But there is no official religion. Government treats all religious beliefs and practices with equal respect.
(The terms ‘Socialist’ and ‘Secular’ were added in Preamble through the 42nd Constitutional Amendment in 1976). - DEMOCRATIC: A form of government where people enjoy equal political rights, elect their rulers and hold them accountable. The government is run according to some basic rules.
- REPUBLIC: The head of the state is an elected person and not a hereditary position.
- JUSTICE: Citizens cannot be discriminated against on the grounds of caste, religion and gender. Social inequalities have to be reduced. Government should work for the welfare of all, especially of the disadvantaged groups.
- 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 traditional social inequalities have to be ended. 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.
8. Important Definitions- Apartheid: The official policy of racial separation and ill treatment of blacks followed by the government of South Africa between 1948 and 1989.
- Clause: A distinct section of a document.
- Constituent Assembly: An assembly of people’s representatives that writes a constitution for a country.
- Constitution: Supreme law of a country, containing fundamental rules governing the politics and society in a country.
- Constitutional amendment: A change in the constitution made by the supreme legislative body in a country.
- Draft: A preliminary version of a legal document.
- Philosophy: The most fundamental principles underlying one’s thoughts and actions.
- Preamble: An introductory statement in a constitution which states the reasons and guiding values of the constitution.
- Treason: The offence of attempting to overthrow the government of the state to which the offender owes allegiance.
- Tryst: A meeting or meeting place that has been agreed upon.
Conclusion:- The Indian Constitution is the foundation of the world's largest democracy. - It reflects the principles of justice, liberty, equality, and fraternity. - The Constitution ensures the democratic functioning of the government, safeguarding the rights and interests of the citizens.
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