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Constitutional Design

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Class 9 Social Science (Political Science - Civics)

Chapter: Constitutional Design


1. Key Vocabulary & Definitions (महत्वपूर्ण परिभाषाएँ)

  • Constitution (संविधान): A supreme law of a country, written or unwritten, that sets out the fundamental rules, principles, structure, and powers of the government and the rights of citizens.
  • Preamble (प्रस्तावना): An introductory statement in a constitution that explains the philosophy, core values, and objectives on which the constitution is based.
  • Treason (राजद्रोह): The offense of attempting to overthrow the government of one's country or of assisting its enemies. (Nelson Mandela was tried for treason by the white minority regime in South Africa).
  • Apartheid (रंगभेद): A system of official racial segregation and discrimination practiced in South Africa against the non-white majority by the white minority government from 1948 to 1994.
  • Constituent Assembly (संविधान सभा): A body of elected representatives assembled for the purpose of drafting or framing a constitution.
  • Draft (प्रारूप): A preliminary version of a legal document or a constitution.
  • Secular (धर्मनिरपेक्ष): A state where citizens have complete freedom to follow any religion, and there is no official state religion. The government treats all religions with equal respect.
  • Sovereign (संप्रभु): Having supreme and independent authority over a territory; free from external control.
  • Republic (गणराज्य): A form of government in which the head of the state is an elected person (not a hereditary monarch like a king/queen).

2. Democratic Transition in South Africa (दक्षिण अफ्रीका में लोकतांत्रिक संक्रमण)

  • The Struggle: South Africa faced severe racial discrimination under Apartheid. Blacks (about 34% of the population), coloureds, and Indians were segregated from whites in schools, hospitals, transport, and beaches.
  • African National Congress (ANC): The umbrella organization that led the struggle against segregation policies (led by leaders like Nelson Mandela).
  • Freedom Day: On 26 April 1994, the new national flag of the Republic of South Africa was unfurled, marking the birth of a new democracy and the end of apartheid.
  • The Outcome: Instead of revenge, both the Black majority and White minority sat together to draw up a common constitution based on equality, democratic values, and human rights.

3. Why Do We Need a Constitution? (हमें संविधान की आवश्यकता क्यों है?)

A constitution serves several crucial purposes in a country:

  1. Trust and Coordination: Generates a degree of trust and coordination among different kinds of people living together.
  2. Government Powers: Specifies how the government will be constituted, who will have power to make which decisions.
  3. Limits on Power: Lays down limits on the powers of the government and tells us what the rights of the citizens are.
  4. Aspirations of Society: Expresses the aspirations of the people about creating a good society.

4. Making of the Indian Constitution (भारतीय संविधान का निर्माण)

  • Constituent Assembly Elections: Elections to the Constituent Assembly were held in July 1946. Its first meeting was held in December 1946.
  • Partition: After the partition of India and Pakistan, the Assembly was divided into the Constituent Assembly of India and that of Pakistan.
  • Drafting Committee: A Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion.
  • Time Taken: It took 2 years, 11 months, and 18 days to complete the constitution.
  • Adoption Date: The Constitution was adopted on 26 November 1949 and came into effect on 26 January 1950 (celebrated as Republic Day / गणतंत्र दिवस).
  • Why accept the Constitution made 70 years ago?
    • It reflects a broad consensus of its time.
    • Constituent Assembly represented people of India (though indirectly elected).
    • Its members worked in an open, consensual, and public spirit.

5. Guiding Values of the Indian Constitution (भारतीय संविधान के मार्गदर्शक मूल्य)

  • The Dream and the Promise: Leaders like Mahatma Gandhi (who was not a member of the Constituent Assembly), Dr. B.R. Ambedkar, and Jawaharlal Nehru contributed to the vision of a free, equal India.
  • Philosophy of the Constitution (The Preamble):
    • WE, THE PEOPLE OF INDIA: The constitution has been drawn up and enacted by the people through their representatives, not handed down by a king.
    • SOVEREIGN: People have supreme right to make decisions on internal and external matters.
    • SOCIALIST: Wealth is generated socially and should be shared equally by society; government regulates land and industry ownership.
    • SECULAR: Citizens have complete freedom to follow any religion. Government treats all religions equally.
    • 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, not a hereditary position.
    • JUSTICE: Citizens cannot be discriminated against on grounds of caste, religion, or gender. Social inequalities to be reduced.
    • LIBERTY: There are no unreasonable restrictions on 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. Traditional social inequalities must be ended.
    • FRATERNITY: All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.

6. Institutional Design (संवैधानिक संस्थाएं)

  • A constitution is not merely about values and philosophy; it is mainly about embodying these values into institutional arrangements.
  • It is a very long and detailed document. Therefore, it needs to be updated regularly to change with times. These changes are called Constitutional Amendments (संविधान संशोधन).