Constitutional Design - Notes (1)

Civics
Constitutional Design
1. Explain the term Apartheid. What were its implications?

Apartheid was a system of racial discrimination practiced in South Africa.
Implications:
• White Europeans imposed this system on South Africa.
• White rulers treated non-whites as inferiors.
• Non-whites did not have the right to vote. They were not allowed to live in
white areas. They were allowed to work there only with a permit.
• Trains, buses, hospitals, schools, cinemas, public places and public toilets
were all separate for the whites and blacks.
2 What problems existed in the making of the South African constitution?

What compromises were made?
Problems existed because both the black majority and the white minority
had their own fears and anxieties. The black majority wanted their
constitution to be based on the democratic principle of majority rule. They
also wanted substantial, social and economic rights.
• The white minority, on the other hand, wanted to protect its privileges and
property.
• Ultimately both agreed to compromise. The whites agreed to the principle
of majority rule and that of one person, one vote.
3 Why do we need a constitution? Give any four points.

Every country has diverse groups of people. People have differences.
Hence the need to have a set of rules. To maintain trust it is best to write
down these rules. Thus the constitution of a country is a set of written rules
that are accepted by all.
A constitution.
1. generates trust and coordination.
2. specifies how the government will be constituted.
3. lays down limits on the powers of the government.
4. expresses the aspirations of the people.
4. Give a description of the composition of the Constituent Assembly.

• The Constituent Assembly was elected mainly by the members of the
existing Provincial Legislatures.
• This ensured a fair geographical share of members from all the regions of
the country.
• Congress, which was the dominant party in the Assembly, itself included a
variety of political groups and opinions. It represented members from
different languages, castes, religions, classes and occupations.
5. Explain the Constitution made by the Constituent Assembly to form the

Indian Constitution.:
• It worked in a systematic, open and consensual manner.
• Basic principles were decided. The Drafting Committee prepared a draft.
• Discussions of several rounds occurred clause by clause.
• They worked for 114 days and spread over three years.
• Every document was recorded and preserved to form twelve bulky
volumes of Constituent Assembly debates.
6 “The Indian Constitution adopted many institutional details and

procedures from different countries.” Justify by giving examples.
• India adopted the principle of liberty, freedom and justice from the French
Constitution.
• We have adopted the Bill of Rights from the United States of America.
• The practice of Parliamentary democracy has been adopted from Great
Britain.
7. “The manner in which the Constituent Assembly worked gives sanctity to
the constitution.” Justify.
a. First some basic principles were decided and agreed upon. Then a
Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft
constitution for discussion.
b. Several rounds of thorough discussion took place on the Draft
Constitution, clause by clause.
c. The above-mentioned points prove that the Constituent Assembly
maintained a democratic attitude.
8. “The Indian Constitution is both rigid and flexible.” Explain. The Indian
Constitution is neither wholly rigid nor wholly flexible.
a. This is called rigid because some ideals in the constitution like equality,
secularism, democracy, sovereignty etc. cannot be changed. This is
because the rulers could not misuse their powers.
b. On the other hand, it is also called flexible because there is a provision
for amendments. Some of the articles can be changed if the people
demand so. That is, there are some rules that can be amended by a simple
majority while some need two-third majority. So. it is, called partly rigid and
partly flexible.
9.India is a “Sovereign, Socialist, Secular, Democratic Republic.” Justify.

OR
Describe the main features of the Preamble of the Indian Constitution.
OR
Write any five guiding values of the Indian Constitution.
The Constitution of India lays down certain Basic Features or the Basic
Structure, which cannot be amended, altered or modified by any legitimate
authority in India.
The Constitution declares India to be a Sovereign, Socialist, Secular,
Democratic, Republic. India is Sovereign, as it is independent of any
foreign control.
It is Socialist, as it aims at social and economic equality. It is Secular, as
there is no State religion in India.
It is Democratic, as the government is elected by the people directly after
every five years.
It is a Republic, because the Head of the State in India, namely, the
President, is elected for five years by the members of the Lok Sabha, Rajya
Sabha and the State Legislative Assemblies.
10. What do you mean by Constitutional amendments? What is its

importance? State their significance in a democratic country like India.
Or
What provision has been made to incorporate changes in the Constitution
and why?
A change in the Constitution made by the supreme legislative body in the
country is known as a Constitutional amendment. In India, it is called the
Parliament or “Sansad”.
• The Constitution can be changed according to the needs and aspirations
of the people.
• Major shortcomings of the constitution can be removed.
Significance:
• India is a major democratic country and has a long and detailed
Constitution.
• Therefore, it needs to be amended quite regularly to keep it updated,
• The makers of the Indian Constitution did not see it as sacred, static and
unalterable law. As a ‘Living Document’, it has to be in accordance with
people’s aspirations and changes in society.
11. Describe the basic ideas that were accepted by almost everyone in
India even before the Constitution Assembly met to frame the Constitution?
OR
“Some basic values were accepted by all leaders much before the
Constituent Assembly met to deliberate on the Constitution.”
• In India although there were sharp differences of opinion within the
freedom struggle about the path India should take after independence yet
some ideas had to be accepted by almost everyone:
• In 1928 Motilal Nehru and 8 Congress leaders drafted a constitution that
is known as the Nehru Report.
• Again in 1931 the resolution in the Karachi Session dealt with the future
constitution of Independent India.
These two documents-Nehru Report and Resolution at the Karachi session
included Universal adult franchise, right to freedom and equality and
protecting the rights of the minorities.
12. “The apartheid system was particularly oppressive for the blacks.”
Justify your answer by giving three reasons:
• They were forbidden from living in white areas. They could work in white
areas only if they had a permit.
• Trains, buses, taxis, hotels, hospitals, schools and colleges, libraries,
cinema halls, theaters, beaches, swimming pools, public toilets, were all
separate for the whites and blacks. This was called segregation.
• They could not even visit the churches where the whites worshiped.
Blacks could not form associations or protest against the terrible treatment.
13. What was Mahatma Gandhi’s contribution to the Constitution of India? •
Although Mahatma Gandhi was not a member of the Constituent Assembly,
there were many members who followed his vision.
• According to his magazine, Young India in 1931, he wanted to release
India from all thralldom and patronage.
• He emphasized political equality.
• He thought of India as a country where the people of all communities
would live in perfect harmony.
• He wanted India where there could be no room for the curse of
untouchability. Women would enjoy the same rights as men.
14. What compromises did the blacks and white make?

It was not an easy task for the two divergent people of South Africa—the
White oppressors and the Black Oppressed one—to draw up a common
Constitution for the country when it became free in 1994. After long
negotiations both parties agreed to a compromise.
• The whites agreed to the principle of majority rule that of one person one
vote.
• They also agreed to some basic rights for the poor and the workers. • The
blacks agreed that majority rule would not be absolute.
• They also agreed that the majority would not take away the property of
the white minority.
15. What is meant by political equality?

Every citizen is entitled to all the constitutional rights and freedom without
making distinctions of any kind like gender, race, status, religion etc. Equal
voting rights to all adult citizens of a country, be it rich or poor with no
discrimination comes under political equality.
16. Why should we accept the Constitution made by the Constituent
Assembly more than 60 years ago?
The Constituent Assembly represented the people of India. There was no
universal adult franchise at that time, so it was elected mainly by the
members of the existing Provincial Legislatures. This ensured a fair
geographical share of members from all the regions of the country. The
Assembly was dominated by the Indian National Congress, but with leaders
having different opinions. In social terms too, the Assembly represented
members from different language groups, castes, classes, religions and
occupations.
• Elected Members: The drafting of the document called the Constitution
was done by an assembly of elected representatives called the Constituent
Assembly.
• Working Pattern of the Assembly: • The Constituent Assembly worked in a
systematic, open and consensual manner.
• First some basic principles were decided, and agreed upon.
• Then a Drafting Committee chaired by Dr. B.R. Ambedkar prepared a
Draft Constitution for discussion.
• Several rounds of thorough discussions took place on the Draft
Constitution clause by clause.
• Every country in the world has a Constitution which was questioned by
either an individual or a group of people. But so far , In India, individual or
any social Groups have not questioned the validity of the Indian
Constitution.

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Civics

1. Explain the term Apartheid. What were its implications?

2 What problems existed in the making of the South African constitution?

3 Why do we need a constitution? Give any four points.

4. Give a description of the composition of the Constituent Assembly.

5. Explain the Constitution made by the Constituent Assembly to form the

6 “The Indian Constitution adopted many institutional details and

9.India is a “Sovereign, Socialist, Secular, Democratic Republic.” Justify.

10. What do you mean by Constitutional amendments? What is its

14. What compromises did the blacks and white make?

15. What is meant by political equality?

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