Constitutional Design, Class IX, Democratic Politics

Constitutional Design refers to the process of creating or drafting a constitution, which is the foundational legal document outlining the structure, powers, and principles of governance for a country. It establishes the framework for the functioning of the government, defines the roles and responsibilities of institutions, and guarantees the rights and freedoms of citizens.

Key elements of constitutional design include:
- Preamble: The guiding principles and values.
- Institutional Structure: Division of powers between different branches (executive, legislature, judiciary).
- Federalism: Distribution of power between central and regional governments.
- Separation of Powers: Ensuring checks and balances.
- Bill of Rights: Protection of fundamental rights and freedoms.
- Amendment Procedures: Guidelines for future changes to the constitution.

Constitutional design ensures that the governance framework is adaptable, just, and representative of the people's will, often reflecting historical context, cultural values, and societal needs.

1. Constitutional
Design
By: Ravi Raj Kamal

2. Struggle against Apartheid and the Democratic
Constitution of South Africa
•Racial segregation in South Africa: faced by Blacks and the 'Coloured' people
•Separate townships, schools, buses and churches for the use of the Blacks
•Continued resistance to the racist regime under the banner of the African
National Congress (ANC)
•ANC led by Nelson Mandela who was arrested for opposing apartheid
•11th February 1990: Mandela set free after around 23 years in prison
•26th April 1994: Emergence of a new-born democracy
•Revocation of discriminating laws
•Cancellation of bans on political parties and the media
•10th May 1994: Mandela sworn in as the first Black President of South Africa
•May 1996: South Africa's Constitutional Assembly adopted a new Constitution
•Social justice and human rights were the most noticeable features of this
Constitution.

3. APARTHEID 46 YEARS IN 90 SECONDS -BBC NEWS
Source: https://www.youtube.com/watch?v=2f2k6iDFCL4

4. Constitution (supreme law of the land)
•A set of written fundamental principles or established rules according
to which a state is acknowledged to be governed.
•It is the foremost law that determines the relationship among the
citizens of a country as well as the relationship between the citizens
and the government.

5. Constitution
Coursty: https://www.econlib.org/wp-content/uploads/2018/02/Apartheid.jpg

6. Necessity of a Constitution:
•Determines the form of government.
•Generates a degree of trust and coordination that is necessary for
different kinds of people to live together.
•Specifies how the government will be composed.
•Determines the powers to be exercised by the organs of the
government, namely, the legislature, the executive and the judiciary.
•States the rights and duties of citizens.
•Lays down limits on the powers of the government.
•Expresses the aspirations of the people about creating a good society.

7. Making of the Indian Constitution:
•Formulating a Constitution for a vast and diverse country like India was not a
simple task.
•Even before India had attained freedom, a Constituent Assembly had been set up
by the British Parliament to draw up the Constitution of India,
•1928: Motilal Nehru and eight other Congress leaders drafted a Constitution.
•1931: The Congress Session at Karachi passed a resolution that spoke of the rights
of people such as freedom of speech, removal of caste and religious disabilities,
establishment of a secular state and universal adult franchise. Our Constitution
granted all these rights.
•The Indian Constitution was also inspired by the ideals of the French Revolution.
•It was also influenced by the practice of parliamentary democracy in Britain, the
Bill of Rights in the USA and the principles and social and economic equality from
the USSR.

8. The Constituent Assembly:
•Constituent Assembly: An assembly of elected representatives who drafted the
Constitution
•1946: Elections to the Constituent Assembly took place. The Assembly was a
mini-India representing all major regions and sections of society.
•The Constituent Assembly initially comprised 385 members. However, as a result
of the traumatic and bloody events of the Partition of India into India and
Pakistan, there were only 299 members.
•9th December 1946: First sitting of the Constituent Assembly
•11th December 1946: Dr. Rajendra Prasad elected as the President of the
Assembly and Dr. B.R. Ambedkar as the Chairman of the Drafting Committee
•26th November 1949: Enactment and adoption of the Constitution
•26th January 1950: The Constitution came into effect due to which the Republic
Day is celebrated every year.

9. Reasons for accepting the Constitution:
•It does not indicate only the views of its members, rather it reflects a
broad consensus during its time.
•The Constituent Assembly represented the people of India from all
walks of life and different sections of society.
•The manner in which the Constituent Assembly worked, i.e. in a
systematic, open and consensual way, gave sanctity to the
Constitution.
•The basic principles were first decided and agreed upon and then
several rounds of thorough discussion took place on the Draft
Constitution clause by clause whereby more than 2,000 amendments
were considered.

10. Guiding values of the Constitution
•To make an India where the poor are not ignored.
•There are no high or low classes.
•All communities live in harmony.
•Ban on untouchability and intoxicating drinks and drugs
•Women enjoy the same rights as men.
•All types of inequalities to be removed.
•To have the principle of one man, one vote, one value.
•To make a country where equality, justice, liberty and fraternity are
followed.

11. Keywords
•Preamble: An introductory statement in a Constitution which states
the reasons and guiding values of the Constitution.
•Sovereign: People have the supreme right to make decisions on
internal as well as external matters. No external power can dictate the
government of that country.
•Socialist: Wealth is generated socially and should be shared equally by
the society. The government should regulate the ownership of land
and industries to reduce socio-economic inequalities.
•Secular: Citizens have the complete freedom to follow any religion.
There is no official religion. The government treats all religious beliefs
and practices with equal respect.

12. Keywords
•Democratic: A form of government where people enjoy equal political
rights, elect their leaders and hold regular elections. The government
is run with the help of some basic rules.
•Republic: The head of the state is an elected person and it is not a
hereditary position.
•Fraternity: All members should behave as if they are the members of
the same family. Nobody should treat his/her fellow citizens as
inferior.

13. Keywords
•Justice: Citizens cannot be discriminated on the basis of caste, religion
and gender. Social inequalities have to be reduced. The government
should work for the welfare of all, especially the citizens of
disadvantaged groups.
•Equality: All are equal before the law. The traditional social
inequalities have to end. The government should ensure equal
opportunities for all.
•Liberty: There are no unreasonable restrictions on the citizens in the
way they think, how they wish to express their thoughts and the way
they wish to follow up their thoughts in actions.

14. Keywords
•Constitutional Amendment: A change in the Constitution made by the
supreme legislative body in a country.
•The Constituent Assembly did not see the Indian Constitution as a
holy, static document that cannot be altered. They wished it to be in
accordance with people's aspirations and changes in society. Hence,
they included provisions which could incorporate changes, amend the
Constitution and keep it regularly updated.

15. D:
The Constitution is the system of
beliefs
C:
It is a tool that allows to
understand a country’s culture.
B:It is a rule book.A:
The Constitution is the system of
beliefs and laws by which a country,
state or organisation is governed.
Which of the following is the most appropriate definition of
Constitution?
Q 1

16. D:
The Constitution is the
system of beliefs
C:
It is a tool that allows to
understand a country’s
culture.
B:It is a rule book.A:
The Constitution is the system of
beliefs and laws by which a country,
state or organisation is governed.
Which of the following is the most appropriate definition of
Constitution?
Q 1

17. D:1930 C:1928
B:1929 A:1931
In which among the following years Motilal Nehru and eight other Congress
leaders drafted a Constitution for India?
Q 2

18. D:1930
B:1929
C:1928
In which among the following years Motilal Nehru and eight
other Congress leaders drafted a Constitution for India?
Q 2
A:1931

19. References
•Beaumont, E. (2010). Dance of the Seven Constitutional Veils: Constitutional Design as Political Choice and Craft
[Review of Mechanisms of Democracy: Institutional Design Writ Small; Law and the Limits of Reason, by A.
Vermeule]. Political Theory, 38(2), 282–290. http://www.jstor.org/stable/25655553
•Democratic Politics-1 NCERT