Constitutional Design Class 9 Civics Chapter 2 Notes

Constitutional Design Class 9 Civics Chapter 2 Notes are available here. These notes are prepared by the subject experts of our team.

Constitutional Design Class 9 Civics Chapter 2 Notes

• In a democracy, rulers are not free to do whatever they want.
• There are basic rules that citizens and the government must follow, known as the constitution.
• The constitution is the supreme law of the country.
• The constitution determines citizens’ rights, government powers, and government functions.
• The chapter explores basic questions about the constitutional design of a democracy.
• Questions addressed include the need for a constitution, how constitutions are drawn up, who designs them, and the values that shape them.
• The chapter also discusses whether constitutions can be changed as conditions change.
• A recent example of constitutional design is South Africa.
• The chapter examines how South Africa designed its constitution.
• It also looks at the making of the Indian Constitution, its foundational values, and how it provides a framework for citizens and government conduct.

Democratic Constitution In South Africa

• Nelson Mandela fought against both white and black domination.
• Mandela cherished the ideal of a democratic and free society with harmony and equal opportunities for all.
• He was willing to live for and achieve this ideal.
• Mandela was also prepared to die for this ideal if necessary.
• Mandela was tried for treason by the white South African government.
• He and seven other leaders were sentenced to life imprisonment in 1964 for opposing the apartheid regime.
• Mandela spent 27 years in Robben Island, South Africa’s most dreaded prison.

Struggle Against Apartheid

• Apartheid was a system of racial discrimination unique to South Africa, imposed by white Europeans.
• European trading companies occupied South Africa in the seventeenth and eighteenth centuries with arms and force.
• Unlike in India, a large number of white settlers became the local rulers in South Africa.
• Apartheid divided people and labeled them based on their skin color.
• Native South Africans, who were black, made up about three-fourths of the population.
• The population was divided into ‘blacks,’ ‘whites,’ ‘coloured’ (mixed races), and people who migrated from India.
• White rulers treated all non-whites as inferiors, and non-whites did not have voting rights.
• Apartheid was particularly oppressive for blacks, who were forbidden from living in white areas and needed permits to work in white areas.
• Public facilities and services, such as transportation, hotels, hospitals, schools, and public spaces, were segregated for whites and blacks.
• Blacks were not allowed to visit churches where whites worshipped and could not form associations or protest.
• Since 1950, blacks, coloured people, and Indians fought against apartheid through protest marches and strikes.
• The African National Congress (ANC) led the struggle against segregation policies and included many workers’ unions and the Communist Party.
• Many sensitive whites also joined the ANC to oppose apartheid.
• Several countries denounced apartheid as unjust and racist.
• Despite international condemnation, the white racist government continued to rule through detention, torture, and killing of thousands of black and coloured people.

Towards a new constitution

• Increased protests and struggles against apartheid led the government to realize they could no longer maintain control through repression.
• The white regime changed its policies, repealed discriminatory laws, and lifted bans on political parties and media restrictions.
• Nelson Mandela was released from prison after 28 years.
• On 26 April 1994, the new national flag of the Republic of South Africa was unfurled, marking the birth of a new democracy.
• The apartheid government ended, leading to the formation of a multi-racial government.
• Mandela emphasized the importance of accepting the inherent capacity for goodness in others for a peaceful transition from apartheid to democracy.
• Black leaders appealed to fellow blacks to forgive the whites for past atrocities and to build a new South Africa based on equality, democratic values, social justice, and human rights.
• The party that ruled through oppression and the party that led the freedom struggle worked together to draw up a common constitution.
• After two years of discussion and debate, South Africa produced one of the world’s finest constitutions, providing extensive rights to its citizens.
• The constitution’s preamble emphasizes inclusivity and the importance of involving everyone in solving the country’s problems.
• The South African constitution inspires democrats worldwide, transforming the country from a pariah state to a model of democracy.
• The determination of South Africans to work together and transform bitter experiences into unity was key to this change.
• Mandela stated that the constitution is a pact to prevent the repetition of a racist, brutal, and repressive past, and a charter for the country’s transformation into one truly shared by all its people.

Why Do We Need A Constitution?

• The South African example illustrates why we need a constitution and what constitutions do.
• In the new democracy, the oppressor and the oppressed planned to live together as equals, which required building trust and safeguarding their interests.
• The black majority wanted to ensure the democratic principle of majority rule and substantial social and economic rights.
• The white minority wanted to protect its privileges and property.
• Both parties agreed to a compromise: whites accepted majority rule, one person one vote, and basic rights for the poor and workers; blacks agreed that majority rule would not be absolute and property rights of the white minority would be protected.
• Implementing and maintaining this compromise required writing down rules that everyone would abide by.
• These rules would determine how rulers are chosen, what the elected governments can and cannot do, and the rights of citizens.
• These rules, which must not be easily changeable, are called a constitution.
• Constitution-making is necessary not only in South Africa but in all countries with diverse groups and differing opinions and interests.
• Any association, whether a club, cooperative society, or political party, needs a constitution.
• A constitution is a set of written rules accepted by all people in a country and is the supreme law that determines relationships among citizens and between citizens and the government.
• Not all countries with constitutions are democratic, but all democratic countries have constitutions.
• Historical examples of constitution-making include the Americans after the War of Independence and the French after the Revolution.
• Having a written constitution has become a practice in all democracies.

A constitution does several things:

1. Generates trust and coordination for different kinds of people to live together.
2. Specifies how the government will be constituted and who will have the power to make decisions.
3. Limits the powers of the government and outlines citizens’ rights.
4. Expresses the aspirations of the people about creating a good society.

Making of the Indian Constitution

• India’s Constitution was drafted under challenging circumstances, similar to South Africa.
• Drafting a constitution for a vast and diverse country like India was a complex task.
• At the time of constitution-making, India was transitioning from subjects to citizens.
• India was born through partition based on religious differences, leading to a traumatic experience and widespread violence.
• Approximately ten lakh people were killed in partition-related violence on both sides of the border.
• The British left the decision to merge with India, Pakistan, or remain independent to the rulers of princely states, complicating the merger process.
• During the constitution-making process, the future of the country appeared uncertain and insecure.
• The makers of the constitution had anxieties about both the present and future of India.

The path to Constitution

• The makers of the Indian Constitution had an advantage over South Africa as they did not need to create consensus on what a democratic India should look like; much consensus had evolved during the freedom struggle.
• The Indian national movement aimed to rejuvenate the country and transform society and politics, not just end foreign rule.
• Despite differences of opinion, some basic ideas like universal adult franchise, freedom, equality, and minority rights were accepted by almost all leaders.
• As early as 1928, Motilal Nehru and other Congress leaders drafted a constitution for India, emphasizing these values.
• The familiarity with colonial political institutions helped in agreeing on the institutional design for independent India.
• Elections held in 1937 provided Indians with experience in legislative institutions, which influenced the constitutional framework.
• The Indian Constitution adopted institutional details and procedures from the Government of India Act, 1935, based on this experience.
• Years of thinking and deliberation on the constitution framework gave Indian leaders confidence to learn from other countries while adapting ideas to suit India’s needs.
• Indian leaders were inspired by the French Revolution, British parliamentary democracy, the US Bill of Rights, and the socialist revolution in Russia, adapting these ideas to Indian circumstances.
• The process of constitution-making in India was shaped by questioning whether these ideas suited the country’s unique context and needs.

The Constituent Assembly

• The Indian Constitution was drafted by the Constituent Assembly, which was elected in July 1946 and held its first meeting in December 1946.
• After partition, the Constituent Assembly was divided into the Constituent Assembly of India and Pakistan.
• The Constituent Assembly of India had 299 members who adopted the Constitution on 26 November 1949, and it came into effect on 26 January 1950, celebrated annually as Republic Day.
• The Constitution reflects a broad consensus of its time, ensuring acceptance across major social groups and political parties.
• The legitimacy of the Constitution has rarely been questioned by large social groups or political parties over the decades.
• The Constituent Assembly was elected mainly by members of existing Provincial Legislatures, ensuring fair geographical representation.
• Although dominated by the Indian National Congress, the Assembly included diverse political opinions and social representations.
• The Assembly worked systematically, openly, and consensually, with the Drafting Committee chaired by Dr. B.R. Ambedkar preparing the draft constitution.
• The Draft Constitution underwent thorough discussion and consideration of over two thousand amendments across 114 days of deliberation spread over three years.
• Every document and word spoken in the Constituent Assembly debates was recorded and preserved in 12 volumes, providing the rationale behind each constitutional provision and used for interpreting the Constitution.

The Dream and the Promise

• Mahatma Gandhi, though not a member of the Constituent Assembly, influenced many members with his vision for the Constitution.
• Gandhi envisioned a Constitution that would liberate India from thralldom and patronage, ensuring every citizen, especially the poorest, had an effective voice.
• He advocated for an India without social classes, perfect harmony among communities, and equal rights for women.
• Gandhi opposed untouchability and the use of intoxicating substances in his vision for India.
• Dr. B.R. Ambedkar shared Gandhi’s dream of eliminating inequality but had different ideas on how to achieve it, often critiquing Gandhi’s approach.
• Ambedkar emphasized the contradictions in India’s political equality and social and economic inequalities, warning that ignoring social and economic equality could endanger political democracy.
• Jawaharlal Nehru, in his famous speech to the Constituent Assembly on 15 August 1947, described India’s tryst with destiny and the responsibilities that freedom brought.
• Nehru emphasized the Assembly’s responsibility to serve India and its people, striving to end poverty, ignorance, disease, and inequality of opportunity.
• He acknowledged the continuing challenges and the ongoing striving needed to fulfill India’s promises to its people.

Philosophy of the Constitution

• The values that guided India’s freedom struggle form the foundation of India’s democracy and are enshrined in the Preamble of the Indian Constitution.
• The Preamble provides a philosophical basis for the entire Constitution and serves as a standard to evaluate laws and government actions.
• “We, the people” signifies that the Constitution was created by the people through their representatives, not imposed by a monarch or external power.
• “Sovereign” denotes that the people have the supreme right to make decisions internally and externally without external interference.
• “Socialist” indicates that wealth should be generated and shared equally by society, with government regulation of ownership to reduce socio-economic inequalities.
• “Secular” ensures citizens have freedom of religion and the government treats all religious beliefs equally.
• “Democratic” emphasizes equal political rights, elections, and accountability of rulers under basic rules.
• “Republic” signifies that the head of state is elected, not hereditary.
• “Justice” mandates non-discrimination based on caste, religion, or gender, and reducing social inequalities for the welfare of all.
• “Liberty” ensures citizens have freedom of thought, expression, and action within reasonable limits.
• “Equality” mandates equal treatment before the law and the end of traditional social inequalities, ensuring equal opportunities for all.
• “Fraternity” encourages treating fellow citizens as family members without inferiority, promoting unity and solidarity.

Institutional design

• A constitution embodies values and philosophy but primarily focuses on institutional arrangements.
• The Constitution of India is a detailed document requiring regular amendments to reflect societal changes and aspirations.
• It is designed to be adaptable and not static, with provisions for constitutional amendments.
• The Constitution outlines institutional arrangements in legal language, which can be challenging for first-time readers.
• It defines procedures for selecting leaders, allocates powers, and sets limits on government actions while protecting citizen rights.
• The Indian Constitution’s institutional design includes provisions for governance, decision-making powers, and citizen rights protection.