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Pol. Sci Class Ix CH 2 Notes

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Chapter 2 : CONSTITUTIONAL DESIGN (CLASS IX)

(Politic science) NOTES


Democratic constitution in South Africa

Struggle against apartheid

1. Apartheid was the name of a system of racial discrimination unique to South Africa.
2. The white Europeans imposed this system on South Africa.
3. The system of apartheid divided the people and labeled them on the basis of their skin
colour.
4. The native people of South Africa are black in colour.
5. About three-fourth of the population and were called ‘blacks.
6. People of mixed races who were called ‘coloured’ and people who migrated from India.
7. The white rulers treated all non-whites as inferiors.
8. The non-whites did not have voting rights.
Rules and Regulation for Blacks imposed by Whites

1. They were forbidden from living in white areas.


2. They could work in white areas only if they had a permit.
3. 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.
4. This was called segregation.
5. They could not even visit the churches where the whites worshipped.
6. Blacks could not form associations or protest against the terrible treatment.
Protest

1. Since 1950, the blacks, Coloured and Indians fought against the apartheid system.
2. They launched protest marches and strikes.

The African National Congress (ANC) was the umbrella organization that led the struggle against the
policies of segregation.

Towards a new constitution

1. As protests and struggles against apartheid had increased, the government realized that they
could no longer keep the blacks under their rule through repression.
2. Discriminatory laws were repealed.
3. Ban on political parties and restrictions on the media were lifted. After 28 years of imprison
men, Nelson Mandela walked out of the jail as free man. 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.
4. South Africa Constitution based on equality of all races and men and women, on democratic
values, social justice and human rights.
5. This constitution gave to its citizens the most extensive rights available in any country.
Why do we need a constitution?

1. The constitution of a country is a set of written rules that are accepted by all people living
together in a country.
2. 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.
 Fourth It expresses the aspirations of the people about creating a good society.
Making of the Indian Constitution

1. India’s Constitution was also drawn up under very difficult circumstances.


2. The country was born through a partition on the basis of religious differences.
3. At least ten Lakh people were killed on both sides of the border in partition related violence.
4. The British had left it to the rulers of the princely states to decide whether they wanted to
merge with India or with Pakistan or remain independent.
5. The merger of these princely states was a difficult and uncertain task.
The Path to Constitution

1. In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India.
2. In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how
Independent India’s constitution should look like.
3. Universal adult franchise.
4. Right to freedom and equality and to protecting the rights of minorities.
Many of our leaders were inspired by the ideals of French Revolution, The practice of parliamentary
democracy in Britain and the Bill of Rights in the US. The socialist revolution in Russia.

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.
 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.
 Why should we accept the Constitution made by this Assembly more than six decades ago?
 The Constitution does not reflect the views of its members alone.
It expresses a broad consensus of its time.

In some other countries, the Constitution exists as a mere piece of paper. No one actually follows it.

No large social group or political party has ever questioned the legitimacy of the Constitution itself.

Constituent Assembly represented the people of India.

In social terms too, the Assembly represented members from different language groups, castes,
classes, religions and occupations.

Third Reason

The Constituent Assembly worked in a systemic, open and consensual manner.

1. First some basic principles were decided and agreed upon.


2. Then a Drafting Committee chaired by Dr. B. R. Ambedkar prepared a draft constitution for
discussion.
3. Several rounds of thorough discussion took place on the Draft Constitution, clause by clause.
4. More than two thousand amendments were considered.
5. The members deliberated for 114 days spread over three years.
6. Every document presented and every word spoken in the Constituent Assembly has been
recorded and preserved.
7. These are called Constituent Assembly Debates.
Philosophy of the Constitution

1. These values are embedded in the Preamble of the Indian Constitution.


2. The Constitution begins with a short statement of its basic values. This is called the
Preamble to the constitution.
1. We, The people of India, Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty,
Equality, Fraternity.
Institutional Design

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 agre ed upon.

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