Constitutional Design
A constitution is the supreme law of a country, containing a set of written rules that are accepted by all people. It determines the rights of citizens, the powers of the government, and how the government should function.
Apartheid was a system of racial discrimination and segregation imposed by the white minority government in South Africa from 1948 to 1994. It treated the black majority and other non-whites as inferiors and denied them basic rights.
Nelson Mandela was a leader of the African National Congress (ANC), the organization that led the struggle against apartheid. He was imprisoned for 27 years and became the first president of a democratic South Africa in 1994.
After the end of apartheid on April 26, 1994, South Africa's black and white leaders negotiated a new constitution. It is a model of democracy that grants extensive rights to all citizens and is based on equality and social justice.
A constitution generates trust among people, specifies how the government will be constituted, puts limits on the powers of the government, and expresses the aspirations of the people about creating a good society.
India's Constitution was drawn up under very difficult circumstances, including the violence of the Partition, the merger of princely states, and vast social and economic diversity.
The Indian Constitution was drafted by an assembly of elected representatives called the Constituent Assembly. It had 299 members and worked for 114 days spread over three years.
The Constituent Assembly adopted the Constitution on November 26, 1949. It came into effect on January 26, 1950, a day celebrated annually as India's Republic Day.
Dr. B.R. Ambedkar was the Chairman of the Drafting Committee of the Constituent Assembly. He played a key role in the making of the Constitution and is often called the 'Father of the Indian Constitution'.
Other prominent leaders in the Constituent Assembly included Rajendra Prasad (President), Jawaharlal Nehru, Vallabhbhai Patel, Abul Kalam Azad, and Sarojini Naidu.
The Constitution's legitimacy comes from the fact that it was framed by a representative body through broad consensus and open debate. It has been accepted by all major social and political groups for over seven decades.
The Preamble is the introduction to the Constitution which contains its basic philosophy and values. It is considered the soul of the Indian Constitution and serves as a guide to interpret it.
Sovereign means that the people of India have the supreme right to make decisions on internal and external matters. No external power can dictate to the government of India.
Socialist implies that wealth is generated socially and should be shared equally by society. The government should work to reduce socio-economic inequalities.
Secular means citizens have the freedom to follow any religion, and there is no official state religion. The government treats all religious beliefs and practices with equal respect.
Democratic means a form of government where rulers are elected by the people. Republic means the head of the state, the President, is an elected person and not a hereditary ruler.
The Constitution aims to secure for all citizens social, economic, and political Justice; Liberty of thought and expression; and Equality of status and opportunity.
Fraternity means promoting a sense of common brotherhood among all citizens. It ensures that no one treats a fellow citizen as inferior.
The Constitution is not just a statement of values, but also a detailed document on institutional arrangements. It defines the powers and functions of the legislature, executive, and judiciary.
The makers of the Indian Constitution provided for provisions to incorporate changes over time. These changes, called constitutional amendments, keep the Constitution updated with changing aspirations of society.