CONSTITUTIONAL DESIGN

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Apartheid: A Matter of Colours

• Apartheid was a system of racial segregation and discrimination enforced in south Africa.
• It lasted from 1948 to the early 1990s.
• The policy was implemented by the white minority government.
• Non-white south Africans faced severe discrimination in all aspects of life.
• Segregation was enforced in schools, hospitals, and public places.
• The African national congress (ANC) led by nelson Mandela played a crucial role in opposing apartheid.
• International pressure and sanctions eventually led to its dismantling.
• Nelson Mandela became south africa’s first black president in 1994.

Struggle Against Apartheid

• Nelson Mandela, born in 1918 in south Africa, dedicated his life to opposing apartheid, a cruel system of racial segregation and discrimination initiated in 1948. As a prominent leader in the African national congress (ANC), he and seven other ANC leaders were sentenced to life imprisonment in 1964 for their anti-apartheid activism. Mandela spent 27 years in prison, primarily on Robben island, where he became a global symbol of resistance.
• His imprisonment garnered international attention, leading to widespread condemnation of apartheid. In 1990, president F.W. De Klerk’s announcement of Mandela’s release marked the beginning of negotiations to dismantle apartheid. In 1994, nelson Mandela’s election as south Africa’s first black president in multiracial democratic elections signaled the end of apartheid.
• Mandela’s presidency prioritized reconciliation and healing, leaving a legacy as a champion of peace, forgiveness, and justice. His life story continues to inspire people worldwide.

Making of a New Constitution

• Changing policies: due to increasing protests against apartheid, the south African government realized that repression was no longer sustainable.
• Release of nelson mandela: after 28 years in prison, nelson mandela was released, symbolizing a major turning point.
• Birth of new democracy: on April 26, 1994, south africa unveiled its new national flag, signifying the birth of a new democracy. Apartheid ended, making way for a multi-racial government.
• Call for forgiveness: black leaders in the newly democratic south africa called on their fellow citizens to forgive the whites for past atrocities committed during their rule.
• Constitutional process: after two years of discussion and debate, south africa crafted one of the world’s finest constitutions, granting its citizens extensive rights.

Why Do We Need A Constitution?

• Trust and unity: picture a world without a constitution – chaos, uncertainty, and distrust would reign. A constitution builds trust and coordination among diverse individuals, essential for peaceful coexistence.
• Checks and balances: without a constitution, who’s in charge? A constitution clarifies how the government is formed and who wields which powers, ensuring accountability and preventing abuses.
• Safeguarding rights: do you cherish your rights? A constitution safeguards them by setting limits on government power. It’s your shield against potential infringements on your liberties.
• Society’s dream: a constitution isn’t just legal jargon; it’s a reflection of our collective dreams. It expresses our aspirations for a fair, just, and prosperous society.

Making of the Constitution

• Historical precedence: in 1928, Motilal Nehru and eight other congress leaders took a significant step by drafting a constitution for India. This historical move laid the foundation for democratic principles.
• Democratic vision: in 1931, at the Karachi session of the indian national congress, leaders discussed the blueprint for an independent india’s constitution. This reaffirmed the commitment to a democratic form of governance.
• Global inspiration: many indian leaders drew inspiration from global examples. They admired the ideals of the French revolution, the functioning of parliamentary democracy in Britain, and the bill of rights in the US. These influences emphasized the importance of democratic values.
• Equality and social justice: the socialist revolution in Russia resonated with Indians, igniting a desire for a system that prioritized social and economic equality. Democracy was seen to achieve these goals.

The Constituent Assembly

• “Imagine a visionary journey that began in 1934 with M. N. Roy’s proposal for a constituent assembly, culminating in the birth of a nation’s constitution. Elected representatives in the constituent assembly undertook this monumental task, commencing with elections in July 1946. On December 9, 1946, the assembly’s historic inaugural meeting took place, chaired by dr. Sachchidananda Sinha, followed by the election of dr. Rajendra prasad as president. Even amidst the tumultuous division of India and Pakistan, the assembly persevered. On November 26, 1949, they adopted the constitution, which came into effect on January 26, 1950, celebrated annually as republic day. This remarkable journey showcased a systematic, open, and consensus-driven approach, where foundational principles were agreed upon before dr. B.R. Ambedkar’s drafting committee meticulously crafted the constitution, considering over two thousand amendments. This inspiring tale highlights the power of unity and deliberation in shaping a nation’s destiny.”

The Constituent Assembly Debates

• Imagine a dedicated group of individuals, members of the Constituent Assembly, engaged in profound deliberation for 114 days spread over three years. Every document presented and every word spoken within those hallowed walls were not just heard but meticulously recorded and preserved for posterity. These invaluable records, known as the ‘Constituent Assembly Debates,’ fill a staggering 12 bulky volumes! Within these pages lies the heart and soul of our constitution, providing the rationale behind every provision. They serve as the compass guiding us through the constitution’s intricate terrain, helping us decipher its true meaning. These debates are not just records; they are the vibrant echoes of the passionate discussions and the unwavering commitment of those who crafted the blueprint of our nation’s destiny, inviting us to delve deeper into the remarkable journey of shaping our democratic legacy.

Gandhi’s Vision

• I shall strive for a constitution which will release India from all thralldom and patronage … I shall work for an India in which the poorest shall feel that it is their country in whose making they have an effective voice; an India in which there shall be no high class and low class of people; an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of the intoxicating drinks and drugs. Women will enjoy the same rights as men … I shall be satisfied with nothing else. 

Tryst With Destiny

• Historical context: the speech was delivered at the stroke of midnight as India transitioned from a colony to an independent nation.
• Freedom and responsibility: Nehru emphasized that freedom brought not just joy and glory but also responsibility. He acknowledged the challenges ahead for the newly born nation.
• Secularism and democracy: he affirmed India’s commitment to secularism and democracy, stating that these principles would be the foundation of the new India.
• Inclusivity: Nehru stressed that India would not discriminate against anyone based on religion, caste, or creed. He called for equal rights and opportunities for all citizens.
• Unity: the speech emphasized the importance of national unity and working together to build a strong and prosperous India.
• A vision for the future: Nehru spoke of a vision where India would take its place in the world as a free and self-reliant nation.

The Indian Constitution: A Vision

• “We, the people of India”: these words signify the ultimate sovereignty of the Indian citizens. It emphasizes that the power and authority in the country emanate from its people, and the government is accountable to them.
• “Sovereign”: India’s sovereignty means that the nation is independent and not subject to external control or interference. It signifies that India has the authority to govern itself without external dominance.
• “Socialist”: The term “socialist” signifies India’s commitment to a more equitable and just society. It implies that the government strives to reduce economic inequalities and promote social justice through policies and programs.
• “Secular”: India’s secularism signifies that the state does not endorse or promote any particular religion. It guarantees religious freedom and ensures that the government remains neutral in religious matters.
• “Democratic”: The term “democratic” underscores the form of government where the people have the power to elect their representatives and participate in decision-making. It signifies India’s commitment to democracy as the guiding principle of governance.
• “Republic”: India being a republic means that it has an elected head of state (the President) and that political power is not inherited but chosen through a democratic process.
• “Justice”: The Preamble highlights justice in three forms: social, economic, and political. These ideals emphasize fairness, equal opportunities, and the protection of individual rights for all citizens.
• “Liberty”: Liberty signifies the freedom and autonomy of citizens to express their views, choose their way of life, and exercise their rights without undue restrictions.
• “Equality”: Equality underscores that all individuals should be treated equally before the law, irrespective of their caste, creed, gender, or socio-economic status.
• “Fraternity”: This word emphasizes the importance of unity and a sense of brotherhood among the citizens. It signifies the need for harmony and solidarity among people of diverse backgrounds.