1. Introduction

Hello students! Welcome to Chapter 2 of your Political Science journey. In the previous chapter, we learned that in a democracy, the rulers are not free to do whatever they like. There are certain basic rules that both the citizens and the government have to follow. All such rules together are called a constitution. As the supreme law of the country, the constitution determines the rights of citizens and how the government should function.

In this chapter, we are going to explore the constitutional design of a democracy. Why do we actually need a constitution, and who draws it up? We will begin by looking at a recent and inspiring example: what happened in South Africa and how they designed their constitution. Then, we will turn our attention to our own country to see how the Indian Constitution was made and what foundational values guide our lives and the government. Let’s dive in!

2. Democratic Constitution in South Africa

To understand the importance of a constitution, we first look at South Africa. For a long time, the white Europeans imposed a harsh system of racial discrimination on the native black people, called apartheid. The system divided people and labelled them based on their skin colour. The non-whites were treated as inferiors and did not even have voting rights.

Since 1950, the blacks, coloured, and Indians fought bravely against the apartheid system through protests and strikes. The African National Congress (ANC) was the main umbrella organisation that led this struggle. Finally, as the protests increased, the white regime realised they could no longer keep the blacks under repression. Nelson Mandela walked out of jail after 28 years, and on the midnight of 26 April 1994, the new national flag of the Republic of South Africa was unfurled. Remarkably, black leaders forgave the whites, and both the oppressors and the oppressed sat together to draw up a common constitution based on equality and democratic values.

3. Why Do We Need a Constitution?

The South African example is a great way to understand why a constitution is necessary. The oppressor and the oppressed were planning to live together as equals, and it was not going to be easy for them to trust each other. The only way to build and maintain trust in such a situation was to write down some rules of the game that everyone would abide by.

The Four Main Functions of a Constitution

A constitution is not just for countries; any association, club, or cooperative society needs one. A constitution does four major things:

Feature 1: Generates Trust

First, it generates a degree of trust and coordination that is necessary for different kinds of people to live together.

Feature 2: Constitutes the Government

Second, it specifies how the government will be constituted, clearly defining who will have the power to take which decisions.

Feature 3: Lays Down Limits and Rights

Third, it lays down strict limits on the powers of the government and tells us what the fundamental rights of the citizens are.

Feature 4: Expresses Aspirations

Fourth, it expresses the aspirations of the people about creating a good, just society.

4. Making of the Indian Constitution

Like South Africa, India’s Constitution was also drawn up under very difficult circumstances. The country was born through a painful partition on the basis of religious differences, leading to massive violence where at least ten lakh people were killed. The merger of princely states was also a difficult and uncertain task.

• The Big Advantage: Despite these difficulties, our leaders had an advantage over South Africa. They did not have to create a consensus about democratic India from scratch; much of this consensus had already evolved during our freedom struggle.
• The 1928 Draft and Karachi Resolution: As far back as 1928, Motilal Nehru and other Congress leaders drafted a constitution. In 1931, the Karachi session of the Indian National Congress clearly committed to universal adult franchise, equality, and minority rights.
• Learning from Colonial Rule: Familiarity with political institutions of colonial rule helped develop institutional design. The Indian constitution adopted many details and procedures from colonial laws like the Government of India Act, 1935.
• The Constituent Assembly: The drafting was done by an elected body called the Constituent Assembly. It had 299 members who deliberated for 114 days spread over three years. A Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion.

5. Guiding Values of the Indian Constitution

To understand our Constitution, we must look at the overall philosophy and values that inspired it. We can see these values in the dreams of leaders like Mahatma Gandhi, who wanted an India free from inequality, and Dr. B.R. Ambedkar, who fought against caste divisions. These core values are embedded in a short statement at the beginning of the Constitution known as the Preamble.

Key Words in the Preamble

• Sovereign: People have 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 to reduce socio-economic inequalities.
• Secular: Citizens have complete freedom to follow any religion. There is no official religion.
• Democratic: A form of government where people enjoy equal political rights, elect their rulers and hold them accountable.
• Republic: The head of the state is an elected person and not a hereditary position.

Justice, Liberty, Equality, and Fraternity

The Preamble further secures Justice (no discrimination on caste, religion, or gender), Liberty (freedom of thought and expression), Equality (equal opportunity for all), and Fraternity (behaving as if we are members of the same family). The Preamble is truly the soul of the Indian Constitution.

6. Institutional Design

A constitution is not merely a statement of values and philosophy; it is mainly about embodying these values into physical institutional arrangements. Much of the document called the Constitution of India is about these arrangements, written in a very long and detailed legal language .

However, the leaders who crafted the Indian Constitution felt that it must be in accordance with people’s aspirations and changes in society. They did not see it as a sacred, static, and unalterable law. Therefore, they made provisions to incorporate changes from time to time to keep it updated. These changes are called constitutional amendments.

The basic institutional design is not very difficult to understand. It lays down a clear procedure for choosing persons to govern the country, defines who will have how much power to take decisions, and puts strict limits on what the government can do by providing inviolable rights to the citizens.

7. Key Takeaways

• South Africa’s transition from the oppressive apartheid regime to a democracy highlights how former enemies can come together to draft a fair and just constitution .
• A constitution is necessary because it generates trust, specifies how the government is formed, sets limits on power, and expresses the aspirations of the people .
• The Indian Constitution benefited from a strong consensus that had already evolved during the freedom struggle, including early drafts like the one by Motilal Nehru in 1928.
• The Constituent Assembly, guided by leaders like Dr. B.R. Ambedkar, held open and thorough discussions for 114 days to draft the document .
• The Preamble is the soul of the Constitution, establishing India as a Sovereign, Socialist, Secular, Democratic Republic that ensures justice, liberty, equality, and fraternity.

8. Practice Section: Master the Chapter!

Test your knowledge with these carefully crafted questions based on the notes above.

Part A: True or False (10 Questions)

1. The system of racial discrimination unique to South Africa was called apartheid.
2. Nelson Mandela was sentenced to life imprisonment in 1964 for opposing the apartheid regime.
3. A constitution only restricts the citizens and gives unlimited power to the government.
4. All countries that have a constitution are guaranteed to be democratic.
5. Motilal Nehru and eight other Congress leaders drafted a constitution for India as early as 1928.
6. The Constituent Assembly that wrote the Indian constitution had 500 members.
7. Dr. B.R. Ambedkar was the Chairman of the Drafting Committee of the Indian Constitution.
8. The Constitution of India is a static document and cannot be changed or amended.
9. The word ‘Secular’ in the Preamble means that citizens have complete freedom to follow any religion.
10. The Indian Constitution was adopted on 26 November 1949 and came into effect on 26 January 1950.

Part B: Multiple Choice Questions (10 Questions)

1. What was the name of the umbrella organisation that led the struggle against apartheid in South Africa? A) Indian National CongressB) African National Congress (ANC)C) Communist Party of South Africa
   D) Democratic Front
2. When did the new national flag of the Republic of South Africa unfurl, marking its new democracy? A) 26 January 1950B) 15 August 1947C) 26 April 1994
   D) 10 December 1996
3. Which of the following is NOT a function of a constitution? A) Generates trust among citizensB) Specifies how the government will be constitutedC) Gives the ruling party unlimited power to make laws
   D) Lays down limits on the powers of the government
4. Which country’s practice of parliamentary democracy inspired Indian leaders during the constitution-making process? A) RussiaB) BritainC) France
   D) United States
5. Who was the President of the Constituent Assembly of India? A) Dr. B.R. AmbedkarB) Mahatma GandhiC) Rajendra Prasad
   D) Jawaharlal Nehru
6. How many days did the members of the Constituent Assembly deliberate on the Draft Constitution? A) 114 daysB) 365 daysC) 50 days
   D) 299 days
7. Which term in the Preamble means that people have the supreme right to make decisions on internal and external matters? A) SocialistB) SecularC) Sovereign
   D) Republic
8. The terms ‘Socialist’ and ‘Secular’ were added to the Preamble through which Constitutional Amendment in 1976? A) 44th AmendmentB) 42nd AmendmentC) 1st Amendment
   D) 73rd Amendment
9. A change in the constitution made by the supreme legislative body is called a: A) ClauseB) DraftC) Preamble
   D) Constitutional amendment
10. What was the famous speech given by Jawaharlal Nehru to the Constituent Assembly on 15 August 1947 called? A) Long Walk to FreedomB) Tryst with DestinyC) The Republic DreamD) Voice of the Nation

Part C: Short Answer Questions (5 Questions)

1. What was the apartheid system in South Africa?
2. Why does a democratic country need a constitution? Provide two reasons.
3. What is the Constituent Assembly?
4. What is the Preamble to the Constitution?
5. What do you mean by a Constitutional Amendment?

Part D: Long Answer Questions (5 Questions)

1. Describe the struggle of the South African people against the apartheid regime.
2. Discuss the four main functions that a constitution performs for a country.
3. Compared to South Africa, what major advantage did the Indian leaders have while designing their constitution?
4. Explain any four key values of the Indian Constitution as mentioned in its Preamble.
5. Why is the Constitution of India widely accepted even after more than seven decades? Provide proper reasons.