2.

1 D EMOCRATIC CÓNSTITUÍIOC IN
SoUTH AFRICA
apartheid divided the people and
"I havefought against white domination
and I have fought against black labelled them on e basis of their
domination. Ihave cherished the idealof skin colour The n¯tive people of
which all South Afriéa are black in colour.
a democratic and free society in They made up about
three-fourth
with
persons live together in harmmonyand rand were called
equal opportunities. It is an ideal which O i d h e s e two groups,
'blacks?
hope to live for and to achieve. But if mixed races
there were people of
lson Mandela needs be, it is an ideal for which I am who were called
'coloured' and
prepared to die."
people who migrated from
India)
Nelson Mandela, being aln¡n
This was South The white rulers treated
tried for treason by the white The nÙn whites
whites as inferiors.
African government. He and seven nothave voting rights)
life
other leaders were sentenced to partheid system was
1964 for daring toGThe
imprisonment in
regime in h prticularly oppressive for the
oppose the apartheid blacks They were forbidden from,
1
countrý. He spent the next 28 years
living in white area_. (They
could
signboard emblematic of most dreaded
the tense relations of the in South Africa's work in white areas tnly if they had
prison, Robben Island. buses, taxis
apartheid era, 1953. a permi) (Trains, and ett
1 hotels,hospitals, schools halls.
NATIVES, INDIAMS E ceHeges libraries, cinema icenso
theatres, beaches, swiming peeBs:
DANGER! COLOUREDS. IF YOU ENTER THESE
PREMISES AT NIGHT.
2 Documontaton

YOU LBE LISTED

AS MISSING.
ARMED GUARDS SHOOT CITY OF DURBAM Free
ON S/GHT SAVAGE DOGS USDER SECTIOW 37 OF THE DORBAN
BEACH B-LAWS. THIS BATHINC AREA IS GNU
DEVOUR THE CORPSE RESERYED FOR THE SOLE USE OF
MEMBERS 0F THE WHITE RACE CROU2 Wikipeda,
YOU HAVE BEEN WARNED STAD DURBAN
HIERDIE BAAICEBIED IS. INGEVOLCE
ARTIKEL 37 VAN DIE QURBANSE
STRANDVERORDENIRCE. UTCEHOU R Mullen,
Struggle agenst
AO Apartheid apartheid DIE UITSLUITLIKE CEBRUIK AN LEDE
VAN OIE BLANKE RASSECROEP
wasthe name of a system IDOLOBNA LASETHEXWINI John
unique to
of racial discrimination
NCAPHARSI KWESICABA 37 SONTHETHO
WAMABHISNI ASETHEKWENL LÊNDANO
South Africa) The white Europeans
South
ICCIRELWE UKUSETSNENZISA
NGAMALUNCU ONLANCA OLUENLOPHE
imposed this system on KUPNELA
2 seventeenth and
Africa. During the
Sign on Durban beach centuries, the trading
in English, Afrikaans eighteenth occupied it
and Zulu companies from Europe
they
In English it reads: with arms and force, in the way
"CITY OF DURBAN Under
occupied India. But unlike India, a
section 37 of the Durban
'whites' had settled
eacn oy-laws, this bathing largenumber of
rea is reserved for the sole
in South Africa
and became .the
of
local rulers.(The system
Use of members of the
white race group'
19
CONSTITUTIONAL DESIGN
 pubie toitets were all separate for national flag of the Republic of South
Africa was unfurled
the whites and blacks. Tis
called segregationThey could y)ly born democracy inmarking the
the world
even visit the chúrches where the The apartheid government came t
an end, paving way for the
whites worshipped. Blacks could not
form associationsor protest against of a multi-racial government. formation
the terrible treatment.) How did this come about? Let us Whal wo
Since 1950, the blácks, coloured
ant Indians foughtagainst the
hear Mandela, the first president of
this new South Africa, on this extra happene
apartheid system. Tey launchedo rdinary transitton:
"Historical enemies succeeded in
majodrtegT
deci y
protest marches and strike
African National Congress (ANC) was negotiating a peacefiul transition from whtes ty revenge
the umbrella organisation that led apartheid to democracy exactly because oppressi
segregation.
the T h i s e sof
struggle against, wewere prepared to accept the inherent exploitat
many capacity for goodness in the other. Må
als3)Shat South Africans never gue up
workers'unions and the Comnmunist
Party Many Sensitive whites the belief in goodness., that they
joinéd the ANC to oppose apartheid cherish that faith in human beingss H
and playeç a leading role /n thiscoznerstone of our democracy
struggle) Several countries deAfter the emergence of the new
nounced apartheid as unjust and denocratic South Africa, black
racist. But the white racist govern leaders appealed to fellow blacks to
ment continued to rule by detain- forgive the whites fer the atroeities
ing, torturing and killing thousands they had eommntttet wntte tn power.
of black and coloured people They said let us builda new South
Africa based on equality of all races
A CT VI TY and men and womnen, on democratic
values) social justice and human
rights. The party that ruled through
Make a poster on the life and struggle of Nelson oppression and brutal killings and
Mandela. the party that led the freedom
If available, read some portions of his autobi struggle sat together to draw up a
ography, The Long Walk to Freedom, in the Common constitution.
classroom. After two years of discussion and
debate they came out with one of the
Towards a new constitution finest constitutions the worl has
(As protests and struggles against ever had/PH onstitution rve to
apartheid had increased. the its citizensthe most extensive rights
government realised that they could available in any country. Tegether: &
no longer keep the blacks under they decided that in the search for
their rule through repression. The, a solution to the
white regime changed its policieskshould be excluded) problems, nobody
Discriminatory laws were repealed. be treated as a deon,h0They one shoud
agreed on -2
Ban on political parties apl that
restrictions on the media were jied. of theeverybody should become part
After 28 years of imprisoDment, have solution, whatever they might
Nelson Mandela walkedóut of the past. done The
or represented in the
preamble to the South
jail as a free man. finally, at the
midnight of 26 April 994, the new SumsAfrican Constitution (see page 25)
up this spirit.
20
SybcRATIc PouTICS
 Deine constit -

After long negotiations both paríes society or a political

agreed to a compromise.(The whites need a constitution. party, they all
agreed to the principle ofmajority
rule and that of one person one vote. ACT
They also agreed to accept some
basic rights for thppor and the
IVIT Y
workers)(The blacks agreed that Approach aclub or cooperative society or unionor
majority rùtt would not be absolute. political party in your locality. Get a copy of
They agreed that the majority would rule book (it is often called Rules of their
not take away the property of the white and read it. Are these rules in
accordance with
minority. )This compromise was not principles of democracy? Do they give membershin
Association)
easy. Hor was this compromise going to any person without discrimination?
to be implemented? Even if they\ ) Mei
managed to trust cach other, whatThus, the constiífution of a col nte.
was the guarantee that this trust will is a set of written rules that are
not be broken in future? accepted by all people living together
The only way to build and in acountry.(Constitution is the
maintain trust in such a situation supremne law h£t
is to write doWn some rules of the determines the
relationship among people living in
game that everyone would abide by. aterritory (called citizens) and also
These rules lay down how the rulers the relationship between the people
are to be chosen in future. These and government)A con_titution does
rules also determine what the many things: (DNee
elected governments are empowered First, it generates a degree of trust
to do and what they cannot do. andcoordination that is necessary
Finally these rules decide the rights for different kind of people to live
of the citizen. These rules will work
together:
only if the winner cannot change second, it specifies how the
them very easily. This is what the government will be constituted.
South Africans did. They agreed on rwho will have power to take which
some basic rules. They also agreed slecisions;
that these rules will be supreme, Third, it lays down limits on the
that no government will be able to powers of the government and tells
ignore these. This set of basic rules what the rights of the citizens
is called a constitution. are; and
Constitution making is not unique BFourth, it expresses the
to South Africa. Every country has aspirations of the pegple about
diverse groups of people. Their creating a good society.)
relationship may not have been as All countries that have constitutions
bad as that between the whites and
are not necessarily democratic. But
the blacks in South Africa. But all over
all countries that are democratic will
the world people have differences of have constitutions. After the War ol
opinion and interests. Whether Independence against Great Britain, This iS
democratic or not, most cOuntries in
the world need to have these basic
the Americans gave themselves a What
constitution. After the Revolution, the in hav
rules. This applies not just to French people approved a democratic Assem
Consl
governments. Any association needs constitution. Since then it has
to have its constitution. It could be a all the
become a practice in all democracies alread
club in your area, a cooperative to have a written constitution.

22
DEMOCRATIC PoITICS
 aDhjch problers wthe by Indy
ZAAKING OF THE INDIAN CONSTITUTION
Like south Africa, India's like. Much of this consensus had
Constitution was also drawn up evolved during the freedom struggie.
under very difficult circumstances. Our national movement was not
(he making of the constitution for a merely a struggle against a toreign
muge and diverse country like India rule. It was also a struggle to
Vallabhbhai was not an easy affair. At that time rejuvenate our country and to
Jhaverbhai Patel he people of India were emerging transform our society and ponde
1875-1950) born: Gujarat. from the,status 2 e t s to that There were sharp differences of
was born opinion within the freedom struggle
Minister of Home,
of citizen.(The
Information and
throughápartition on the PS about the path India shouldSuch take
roadcasting in the Interim religious differeno
Government. Lawyerand a after Independence.
leader of Bardoli peasant traumatic experience for the people differences exist even today. Yet
be
satyagraha. Playeda > of India and Pakistan.) some basic ideas had come to
decisive role in the
integration of the Indian Atleast ten lakh people were killed accepted by almost everyonef
princely states. Later: on both sides of the border in As far back as(in 1928, Motilal
Depuy Prime Minister. partition related viojence. Thergas Nehru and eightother Congress
another problem.(The BritissPhad leaders drafted a constitution for
left it to the rulers of the princely Indi in 1931, the resettfon at the
states to decide whether they Karachi session of tha, ndan
wanted to merge with India or with National Congress dweft orn how
Pakistan or remain independent&_independent India's constitstion
The merger of these princely states should look like) Both fhese
was a difficult and uncertain task) documents were committed to the
Abul Kalam Azad
When the constitution was beiDg inclusion of universal adult franchise,
(1888-1958)
written,the future of the country did right to freedom and equality and to
born: Saudi Arabia. not look as secure as it does today. protecting the rights of minorities in
Educationist, author and The makers of the constitution had the constitution of independent India)
theologian; scholar of anxieties about the present and the Thus some basic values weré
Arabic. Congress leader, future of the country. accepted by all leaders much before
active in the national the Constituemt Assemblv met to
movement. Opposed
deliberate on the Constitution.
Muslim separatist politicS.
Later: Education Minister in AC TIVII ohe familiarity with political
the first union cabinet. institutions of colonial rule also
Speak to your grandparents or some other elders helped develap an agreement-erer
in your locality. Ask them if they have any memorythe institutional design.The British
of partition or independence or the making of the rule had given voting rights only to
Constitution. What were their fears and hopes a few. Or that biheBritish had
about the country at that time? Discuss these in introduced very weak legislatures
the classroom. OElections were held in 1937 to
Provincial Legislatures and
TIKrishnamachari
The path to Constitution Ministrieg att over Britisth tnia.
(1899-1974) Despite all these difficulties, there These were not fully democratic
born: Tamil Nadu. was one big advantage for the governments. But the experience
Member, Drafting makers of the Indian Constitution.
gained by Indians in the working of
Committee. Entrepreneur
Unlike South Africa, they did not
the legislative institutions proved to
and Congress leader. Later: have to create a consensus about be very useful for the country) in
Finance Minister in the
Union Cabinet. what a democratic India should look setting up its own institutions ánd

CONSTITUuiONAL DESIGN 23

a-Menton tto elents Jeres thot

ingund tt cansttuant, asenb)
t Consti0n:
 ralled the Constituent
to
Assembi
the Constit1
held in July 1946h
in Dedember
Was

Deshr
1981)
ra Prade

:rmancip

yeay r Charg

Th
Wh C
India
here
leader
Pat DG
role in :

AC T!VIIY (over
Find out more acuut any memhar of the
Constituent Asserby frorn your state or regio
who is not mentioned here. Collect a
or make a sketch ol tiat leade Wiite pholograph
a siort
note on him or her, iollowing the same
used here: Narme (year of birthyear ofstyle as
place of birth (by current poliical death)
boundares
brief description of political activites; role
after the Constituent Ascenbly played atthon
A (The draríng of lat

the constitution
tlt
assembly of electeitoyl
v bly
ctly
i was

24
'OUTICS

onstitnen assersbly
(onstuon
 elected mainly by the members of Constituent Assembly worked in a
the existing Provincial Legislatureystematic, open and,gonsensual
that we mentioned above ThísmannerFirst some bat principles
ensureda fair geographical share of were decdedand agreed upon. Then
members from regions of the a Drafting Committee chaired by Dr.
country.) Ssembly was
B.R. Ambedkar prepared a
dominated by the Indian National constitution for discussion(Severa
Durgabai Deshmukh Congress, the party that led India's rounds of thorough discusslòn took
(1909-1981) Ireedom struggle. But the Congress place on the Drat Con_tituton,
n: Andhra Pradesh.
cate and public activist itself included avarlety of polticalbyclause.'Móreharwo
"omen's emancipation. groups and opinions)The Assembly thousand amçndments werm
memberss
nder of Andhra Mahila had many members who did not considered.) (The
oha. Congress leader. agree with theçongress. In social deliberated for 114 days spread over
:Founder Chairperson
entral Social Welftare terms too(the Assembly represented three years. Every document
Board. members Trom different language presented and every word spoken in
groups, castes, classes, religionsy the Constituentpreserved.
Assemhly has,
h ate
and occupations Even if thel recorded and
Gonstituent Assembty was elected called Copstituent Assembly
by universal adult franchise, its Debates) (When printed, these()
Composition vould not have been debates are 2bulky volumes! These
very different) debates provide the rationale behind
Finally, th¿ manner in which the every provision of the Constitution,So
Constituent Assembly worked gives These are used to interpret the
sanctity to the Constitution. The meaning of the Constitution.)
Read the information about allthe makers of the Indian Constitution given in the side columns here. You
don't need to memorise this information. Just give examples from these to support the following
CHECK statements:
YOUR 1. The Assembly had many members who were not with the Congress
2. The Assembly represented members from different social groups
PROGRESS 3.Members of the Assembly believed in ifferent ideologies

2.4 GuiDING VALUES OF THE INDIAN CONSTITUTION

In this book we shall study the Let us turn to these, one by one.
exact provisions of the Constitution
on dtferent subjects. At this stage The Dream and the Promise
let us begin by understanding the Some of you may have noticed a
overall piiloso;ly of what our name missing from the sketches of
Baldev Singh Constitution is all about. We can do the makers of the constitution:
(1901-1961) this in two ways. We can Mahatma Gandhi. He was not a
born: Haryana.
CCesstul entrepreneur understand it by reading the views member of the Constituent
leader of the Panthic of some of our major leaders on our Assembly. Yet there were many
aliParty in the Punjab Constitution. But it is equally members who followed his vision.
embly. Anominee of important to read what the Years ago, writing in his magazine
he CongresS in the
nstituent Assembly. Constitution says about its own Young India in 1931, he had spelt
r: Detence Minister in philosophy. This is what the out what he wanted the Constitution
he Union Cabinet. preamble to the Constitution does. todo:

CONSTITUTIONAL DESIGN 25
You n'a
Ary_mohoa
in 931
 Canst7tton
Philosophy of the articles of the Indian
Constitution
Valuesthat inspired and guidedthe
freedom struggle and were in turn
nurtured by it, formed the
Dfhe Constitution begins with ash
Statement of its basic
is called the
constitution.)) Taking
Co nsti uton.
Prreamblvaleues.to This
the
foundation for India's democracy.
These values are embedded in the
from Amerfcan
countries in the model, most inspiration
Preamble of
Constitution. They guide
the Indian
all the
world have chosen to
contemporary
constitutions with a begin thelr
preamble.

in orderto form a more perfect union, establish i

tranquility, provide lor lhe comon defens, promote the generalw
justice, msure de
secure the Blessings of libertgto ourselies and our posterity, do
establis, thisonstitntion for the ttitedtates of
We, the people of South Africa,
Recognise the injustices of our
honour those who suftered for justice and past;
Respect those who habe workeo to build and freedom in our land;
Believe that outh trica belongs to atl ho libedebelop our country; and
Be theretore, through our treelp iu it, united in our dibersi,
elected representatibes, abopt this
the Republic so as to - Constitution as tjt süs
heal the bibisions of the pastano Sar
establish a society baseà on democratit balues,
sotklD
Lap the
founbations for a denocraticfunbamental humman rights;
anÝ 0pen society in
EM
is baseheth of c
the people and eberp which gobernment
Bprobe the
citisen is couallp
protected bp law:
re p

Builb a united and qualitp lite of all citizens and freethe potential of each person; anl their
ot poli

democratic outh Atrica able to take its sObereiguither

family of nations. rightful place as as Jhe g
un ac
Map Goo protect our me b
S2kosi itelel' iAtrika. lorena people.
Bod seen boloka setibaba sa bes0.
Suid-Atrika, bless outh frica.
slubzinu fhatutslebsa
God
Aturika. osi batehisa
 voduey
THE PEOPLE Let us read the
Constitton
Preamble
of our Constitution very
0F TNDIA REPUBLIe
Carerully
fTh¿ constitution has key words.and understand the meaning of cach of Its fhe head of the state
been drawn up and (The Ts an elected person
ted bythe people Preamble of helCnstitution reads like a poem and not a hereditary
through their omdemocracy. Xtontaiñs the the position
representatives, and entire Constitution
to
philgsophy
has been bulltt
examine and evaluate afy Taw and action standard )
not handed down to of JusTICE
them bya king or any government, to find out whether it is good or bad. It
the soul of the Indian is /Citizens cannot be
outside powers.
Constitution. discriminated on the

ovEREIGN
People have supreme
grounds of caste,
religion and gender.
Social inequalities,
right to make
decisions on internal WE, THE PEOPLE OF INDIA, having have to be reduced)
Government should
as well as external
matters. No external solemnly resolved to constitate Indía into a work for the welfare
of all, especially of
power can dictate the
government of India. SOVEREIGN, SOCIALIST, SECULAR, the disadvantaged
groups.
3soCIALIST DEMOCRATIC REPUBLIC
realth is generated LTBERIY
socially and should be And to secure to all its citizenS:
(There are no
shared equally by unreasonable
society Government
shoulregulate the
JuSTICE, social, cconomic and politicnl; restrictions on the
citizens in what they
OWnership of land and
industry to reduce
LIBERTY of thought, exyresson, belief, think, how they wish to
express their thoughts
sOcio-economis
inequalities.
fath aud worshiy; and the way they wish
tofollow up their
SECULAR
EQUALITY of status and of oyportunity; thoughts in action.
Citizens have
comphete-freedom to
And to promote among then all EOUALITY
follow any religion.
But there is no official
FRATERNITY ASSAring the dignity of the All are equal before
he law. The traditiorral
religion Government
treats all religious
individual ad the wnity and integrity social iaequaities
kaue te be ended. The
beliefs and practices
with equal respect.
of the Nation; govemment should
ensure equal
IN OUR CONSTITUENT ASSEMBLY opgartunity for all.
bEMOCRATHE
Aformof government ())
where people enjoy this twenty-sixth day of November, 1949, do FRATERNITY
All of us should
equal political rights,
elect their rulers and HEREBY ADOPT, ENACT AND GIVE TO behave as if we are
hÍld them account members of the same
ablé. tyhe government OURSELVES THIS CONSTITUTION. family No one should
is run according to treat ellow citizen
Some basic rules. as inferior.
Note: The terms 'Socialistt' and Secular' were added in
Preamble through the 42d Constitutional Amendment
in 1976.

CONSTITUTIONAL DESIGN 29