CHAPTER 3:
CONSTITUTIONAL
DESIGN
CONCEPTS
CONSTITUTION
–A Constitution is a written document of rules, regulations and laws by which a
countries government is run accordingly.
Do We Need a Constitution?
Yes. A constitution
has written laws accepted by people living together in a country.
1.It generates trust
and co-ordination.
2.It specifies how a government should be constituted.
3. It lays down limits on the powers of the government.
4. It expresses the aspirations of the people about creating
a good society.
Making of the Indian Constitution
1.The process began during the national struggle for
freedom.
2.First draft 1928, then 1931. Motilal Nehru and 8 leaders
demanded in the draft:
universalAdult franchise, social justice, right to freedom
and liberty.
3.Participation in Provincial Legislatures helped Indians in
framing their constitution.
4.Leaders inspired by
French Revolution, British parliamentary system and the Bill of
Rights of the US.
The Constituent Assembly
1.Elections to the Constituent Assembly held in July 1946.
2.Dr. B.R. Ambedkar appointed chairman of the drafting
committee.
3.Constitution
adopted on 26 November 1949, and enacted on 26 January, 1950,
when Indiabecame a Republic.
4.The Constitution reflects the best minds of the country.
Its members represented mini-India.Every law was debated clause by clause and a
consensus arrived at.It is the longest written constitution.
PROBLEMS FACED WHILE MAKING INDIAN CONSTITUTION
1. India was a huge and divers country and making of the
constitution was not an easy affair.
2. The country was divided on the basis of religious
differences.
3. The merger of Princely states was adifficult and
uncertain task.
4. The future of the country was not much secure.
Significance of Preamble to the constitution
The Preamble provides the guidelines of the constitution and
is considered to be the key of theconstitution.
WE, THE PEOPLE OF INDIA- *SOVEREIGN *SOCIALIST *SECULAR
*DEMOCRATIC *REPUBLIC *JUSTICE *LIBERTY *EQALITY *FRATERNITY
MEMBERS OF CONSTITUENT ASSEMBLY
1. Vallabhbhai Patel 2 .Abul Kalam Azad 3. T.T. Krishnamachari 4.Rajendra Prasad 5.H. C. Mukherjee 6. Jaipal Singh 7.G.
DurgabaiDeshmukh 8. Baldev Singh 9. K.
M. Munshi 10.B. R. Ambedkar 11. Shyama Prasad Mukherjee 12.
JawaharLalNehru 13. Sarojini Naidu 14.Somnath Lahiri.
Democratic Constitution in South Africa
1. Nelson Mandela, the South African leader of African
National Congress, fought Against Apartheid.
2. Imprisoned for 28 years (1964–1992) emerged as the First
President of the Republic of South Africa.
3. People struggled against the horrible discrimination
practised against them by the Minority rulers.
4. Apartheid finally defeated in 1994 and a new constitution
made in 1996.
5. Remarkable constitution, forgot past sufferings, sought
co-operation of all the races which Make S. Africa based on equality,
democratic values and social justice.
QUESTIONS/ANSWERS
Very short answer type Questions [1 MARK]
Q.1. On what charges was Nelson Mandela sentenced to life
imprisonment?
Ans.For treason
Q.2. What is
apartheid?
Ans. Official policy of discrimination against the Blacks
Q.3. When did South Africa become a democratic country?
Ans. 26 April, 1994
Q.4. With the end of apartheid, who became the first
President of South African Republic?
Ans. Nelson Mandela
Q.5. Name the autobiography of Nelson Mandela.
Ans. The Long Walk to
Freedom .
Q.6. what did the black population want in the new
Constitution?
Ans. Substantial social and economic rights.
Q.7. What did the white minority want from the new
Constitution?
Ans. Protect its privileges and property
Q.8. when did Motilal Nehru draft a Constitution for India?
Ans. 1928
Q.9. Where was the 1931 session of Indian National Congress
held?
Ans. Karachi
Q.10. “The ambition
of the greatest man of our generation has been to wipe every tear from every
eye.” Who was Nehru referring to in his speech?
Ans. Mahatma Gandhi
Q.11.The Constitution begins with a short statement of its
basic values. What is it called?
Ans. Preamble Q.12. Who was the chairman of the Constituent
Assembly?
Ans.Dr.Rajendra Prasad
Q.13.Which of the following days is celebrated to mark the
enforcement of the constitution? Ans. Republic Day
Q.14.The Constituent Assembly met for how many days?
Ans.114
Q15. Who was the chairman of the Drafting Committee of the
Indian constitution?
Ans.Dr. B.R. Ambedkar
Q.16. When did the Indian constitution came into force?
Ans. 26th Jan, 1950
SHORT ANSWER TYPE QUESTIONS [3 MARKS]
Q.1. In which way was
the system of ‘apartheid’ oppressive?
AnsThe 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, swimming pools, public toilets etc. were all separate for
the whites and blacks. They could not even visit the churches where the whites
worshipped. Blacks could not form associations or protest against the terrible
treatment.
Q.2 what was the appeal made by the black leaders to the
fellow blacks after the emergence of the new democratic South Africa?
Ans.After the
emergence of the new democratic South Africa, black leaders appealed to fellow
blacks to forgive the whites for the atrocities they had committed while in
power. They urged the people to build a new South Africa based on equality of
all races, and of men and women, on democratic values, social justice and human
rights.
Q.3 What is meant by the term ‘Constitution’?
AnsThe constitution of a country is a set of written rules
that are accepted by all people living in that country. It is the supreme law
that determines the relationship among the people living in a territory (called
citizens) and also the relationship between the people and government. It
specifies how the government will be constituted and who will have the power to
take different decisions.
Q.4. Describe the advantages that Indians had when they
participated in the legislatures which were set up as a result of the elections
of 1937.
Ans.Although the
legislatures set up in India as a result of elections of 1937 were not fully
democratic, the experience gained by Indians in the working of the legislative
institutions proved to be very useful for the country in setting up its own
institutions and working in them.
Q.5. Give a
description of the composition of the Constituent Assembly.
Ans :The Constituent Assembly was elected mainly by the
members of the existing Provincial Legislatures. This ensured a fair
geographical share of members from all the regions of the country. Congress,
which was the dominant party in the Assembly itself, included a variety of
political groups and opinions. It represented members from different languages,
castes, religions, classes and occupations.
Q.6.What did Ambedkar mean by ‘Contradiction’ in his
concluding speech to the Constituent Assembly? Ans.In his concluding speech to
the Constituent Assembly Dr.Ambedkar said that India was entering a life of
‘contradictions’ on 26th Jan 1950. By this he meant that in politics Indians
would have equality but in social and economic life, there would be inequality.
In politics India would be recognising the principle of one man one vote, with
one value, but in social and economic life, the principle of one man one value
would be denied.
Q.7. Why was a constitution necessary for a country like
South Africa?
Ans.The oppressor and the oppressed, i.e. the whites and the
blacks were planning to live together, as equals. It was not going to be easy
for them to trust each other. They wanted to safeguard their interests. The
only way to build and maintain trust was to write down some rules. This set of
basic rules was the constitution needed for South Africa.
Q.8.What do you understand by secularism? Why India is
called a secular country? Ans. India is a country of many religions and it
respects all religions. No religion is given the status of state religion and
equal respect is given to all beliefs, faiths and practices. Citizens have
complete freedom to follow any religion. Q. 9 what are Constitutional
Amendments? State its significance in a democratic country likeIndia.
Ans. Constitutional Amendments are changes in the
constitution made by the Supreme Legislative body in a country. The
constitution of India is a very long and detailed document. Therefore it needs
to be amended quite regularly to keep it updated.
Q.10. what were the difficulties faced during the making of
Indian constitution?
Ans. It was drawn up under very difficult circumstances.
Making a constitution for a huge country like India was not an easy affair. The
country was born through partition. The problem of princely states was left
undecided by the Britrish. There were anxieties about the present and future of
the country.
LONG ANSWER TYPE QUESTIONS
Q.1. Regarding the constitution-making, what was the
compromise reached at between the blacks and whites?
Ans.1-The constitution of South Africa was drawn together by
the party of whites which had rules through oppression and the party that led
the freedom struggle. 2-The constitution gave to its citizens the most
extensive rights available in any country. After long negotiations both parties
agreed to a compromise. 3-The whites agreed to the principle of majority rule
and that of one person one vote. They also agreed to accept some basic rights
for the poor and the workers. 4-The blacks agreed that the majority rule would
not be absolute. They agreed that the majority would not take away the property
of the white minority.
Q.2.What does the constitution effectively do that makes a
country a democratic one? Ans
A constitution does many things to make a country a
democratic one: (i) It generates a degree of trust and coordination that is
necessary for different kind of people to live together. (ii) It specifies how
the government will be constituted and who will have the power of taking which
decisions. (iii) It lays down limits on the powers of the government and tells
us what the rights of the citizens are. (iv) It expresses the aspirations of
the people about creating a good society.
Q3. In his speech ‘Tryst with Destiny’, Nehru said, ‘Freedom
and power bring responsibility. ‘Explain what he meant by this.
Ans.1-By saying that ‘Freedom and power bring
responsibility’, Nehru meant that it is the responsibility of Indians to not
relax with ease after having got the freedom, but to constantly strive to fulfill
the pledges taken .2- He said that the service of India meant the service of
the millions who suffered, it meant the ambling of poverty and ignorance and
disease and inequality of opportunity.
Q4. What is the preamble of the constitution? What is the
significance of 'We the people ofIndia' and 'secular'in the preamble?
Ans.1-It is an introductory part of the constitution. It is
called the key of the Constitution. "We the people of India" means
the constitution has been drawn up and enacted by the people through their
representatives. 2-Secular means that citizens have complete freedom to follow
any religion. But there is no official religion.
Q5. Describe any three features of the Indian constitution.
Ans. (i) It establishes a Sovereign, Democratic, Republic in
India (ii) It establishes a secular state in India (iii) It provides
Fundamental Rights and Fundamental Duties. (i) The Constitution begins with a
short statement called the preamble. Sovereign means people have supreme right
to make decisions on internal as well as external matter. No external power can
dictate the government of India. Democratic means a form of government where
people enjoy equal political rights elect their rulers and hold them
accountable. Republic means the head of the state is an elected person and it
is not a hereditary position. (ii) Secular means citizens have complete freedom
to follow any religion – Government treats all religions beliefs and practices
with equal respect. (iii) The Indian constitution provides justice – social,
economic and political. Liberty of thought, expression, belief, faith and
worship. Equality of status and opportunity. Fraternity assuring dignity of the
individual and unity and integrity of the nation.
Q.6.What is constitution? Why do we need a constitution?
Ans.1-It is a set of written rules that are accepted by all the people of a
country. 2- It is needed as it is the supreme law that determines the
relationship among citizens of a country. 3-It defines how the government will
be formed and also limits the powers of the government and defines the rights
of the citizens.
Q.7’The Indian constitution is both rigid and flexible’.
Explain? Ans.1-The Indian Constitution is neither wholly flexible nor wholly
rigid. It is partly rigid and partly flexible. 2- It is not as flexible as the
British constitution is, nor as rigid as the American constitution is. Some of
the articles of the constitution can be amended by a simple majority of the
parliament, e.g. changing the names of states, altering boundaries of states,
matters relating to citizenship etc. 3- Some of the articles of the
constitution can be amended with 2/3 majority of the members of parliament,
e.g. the election of the president of India. 4- If any change in it is intended
then it has to be passed first by a majority of the total members in each house
of parliament.
Q.8. Mention the landmark years in the making of the Indian
constitution. Ans.1-As far back as 1928, Motilal Nehru and eight other Congress
leaders drafted a constitution forIndia. 2- In 1931 at the Karachi Session of
Indian National Congress leaders pondered whatIndia's constitution should be
like. Elections held in 1937 to provincial Legislatures and Ministers all over
British India. 3- It was beneficial for Indians to gain experience. 4-That is
why Indian Constitution adopted many institutional details from colonial laws
like the Government of India Act 1935.
Q.9.What is the aim
of a socialist state? How can that be achieved?
Ans.1-We all us generated socially and should be shared
equally by society. 2-Government should regulate the ownership of land and
industry to reduce socioeconomic equalities. 3-Social inequalities have to be
reduced; Government should work for the welfare of all.
Q.10What was the African Policy of Apartheid? How could that
come to an end?
Ans. 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.
The native people of Africa are black.
3- They had 3/4 of the population. The whites treated all non-whites
as inferiors. The non-whites did not have voting rights.
4-The blacks were forbidden from living in the white area.
Trains, buses, hospitals, schools, hotels, taxis, cinemas etc. were all
separate for the whites and blacks. The blacks, coloured and Indians fought for
their rights-arranged marches protests and strikes. 5-The racist government for
tortured them. On 26 April, 1994 Apartheid came to an end with the birth of the
Republic of South Africa.
HOTS
Q.1 Why did the
makers of the Indian constitution have anxieties about the present and the
future of the country?
Ans.1-The makers of the Indian constitution had anxieties
because making of the constitution for a huge and diverse country like India
was not an easy affair. 2-The country was born through 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- Another problem was that 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 to remain independent. Q2.
Describe how the Constituent Assembly worked to prepare the constitution for
India.
Ans.The Constituent Assembly worked in a systematic, open
and consensual manner. 1-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, clause by clause. More than 2000 amendments were made. 4-The members
deliberated for 114 days spread over 3 years. Every document presented and
every word spoken in the Constituent Assembly was recorded and preserved. These
are called ‘Constituent Assembly Debates’.
Q.3What is the Preamble? Explain any three guiding
principles explained in the Preamble. Ans. 1-Preamble is a short statement of
the basic values of the constitution. Taking inspiration from American model,
most countries have adopted constitutions with a preamble. 2-The preamble of
the Indian constitution reads like a poem on democracy. 3-It contains the
philosophy on which the entire constitution has been built; 1. Democratic–It
will have a democratic government Where people will enjoy equal rights; 2.
Equality–All citizens will be equal before the law; And 3. Fraternity–All world
would behave as if they are members of the same family.
Q.4.Why do we need a constitution? Give any four points.
Ans.Every country has diverse groups of people. People have
differences. Hence, the need to have a set of rules.Tomaintain a trust it as
best to write down these rules. Thus the constitution of a country is a set of
written rules that are accepted by all. 74 A constitution:-
1. generates trust
and coordination.
2. Specifies how government will be constituted.
3. Lays down limits on the powers of the government.
4. Expresses the aspirations of the people.
Q.5 State the steps involved in the framing of Indian
constitution.
Ans.1-The drafting of the document called the constitution
was done by an assembly of elected representatives called the Constituent
assembly. 2- Elections to the Constituent Assembly were held in July 1946. Its
first meeting was held in December 1946. It had 299 members. 3-The assembly
adopted the constitution on 26 November 1949 and it came into force on 26
January 1950. Q.6.The Preamble of our constitution is a short statement of
values. Which country has inspired India to incorporate the Preamble? Why does
it start with ‘‘We, The People of India?’’ Ans. Taking inspiration from
American model, most countries including India have chosen to begin their
constitutions with a importance to the people of India by saying that it is the
people who have drawn up and enacted the constitution. It has not been handed
down to them by a king or any outside power.
