South African Constitution and The Indian Constitution

The Constitutional court approved the South African Constitution on the 4th of December, 1996, and it became effective on the 4th of February, 1997. 

The South African constitution is considered the supreme law. No other law or government action can replace the South African constitution provisions. 

Among the critical features of the South African constitution is that it is the most progressive constitution globally and is highly acclaimed all over the world. The constitution-makers created the South African constitution as a negotiation against the non-democratic past of South Africa. 

The main aim of the South African constitution was to promote justice, offer legal existence to South Africa, and define the duties and rights of the citizens of South Africa. The South African constitution preamble mentions these aims of the constitution.

Important Features of the South African Constitution

The essential features of the South African constitution are the following:

• A Democratic Constitution

Section 1 of the South African constitution mentions that the Republic of South Africa is a democratic and sovereign country. 

It bases its values on human equality, dignity, non-racialism, advancement of human rights, non-sexism, a multi-party system, the rule of law, fair elections, and Universal adult suffrage.

• Languages

Section 6 of the South African constitution lists the official languages of South Africa. The official languages are Sesotho, Sepedi, siSwati, Setswana, Xitsonga, Tshivenda, English, Afrikaans, isiXhosa, isiNdebele and isiZulu.

• Supreme

The South African constitution is supreme. Section 2 of the constitution affirms this fact. The section declares it the supreme constitution compared to all the other laws of South Africa.

• Bill of Rights

It is also one of the crucial features of the South African Constitution. Chapter 2 of the South Indian constitution offers the Bill of Rights for South African citizens.

• Written Constitution

The South African constitution is a written constitution. This constitution mentions the legal principles in a single document referring to the Constitution of the Republic of South Africa, 1996.

The Indian Constitution

On the 26th of January, 1950, the Indian Constitution came into force. 

At the time of adoption, in the Indian Constitution, there were 395 articles in 22 parts and 8 schedules. Additional parts and articles are added later through different amendments. 

The constitution was 145,000 words long, and it was declared the longest national constitution to be adopted ever. 

The Indian Constitution currently has 12 schedules. It also has a Preamble and a special mention of the repealed articles.

The Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic, and political;

LIBERTY of thought, expression, belief, faith, and worship;

EQUALITY of status and opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Key Points Mentioned in the Preamble

• Sovereign

As mentioned in the Preamble, the word ‘sovereign’ means that India has an independent authority. No external power can dominate India. In India, only the legislature has power for lawmaking, and it also has certain limitations.

• Democratic

Democratic means, the Indian constitution is an established form of constitution, and people express their rights by voting in the election.

• Socialist

The 42nd Amendment of the Preamble added the term ‘Socialist’. Socialist achievement ends by democratic means. In democratic socialism, both the public and private sectors co-exist along with each other.

• Republic

Republic means people select the head of the state directly or indirectly. In India, the President is considered the head of the state. People elect the President through indirect voting.

• Secular

The 42nd Amendment of 1976 also added the term ‘secular’ to the Preamble. Secular means all the Indian religions must get equal protection, respect, and support from their state.

Conclusion

This article discusses the critical features of the South African constitution and the Indian constitution. 

There may be various other features of the South African constitution, but here we have mentioned the important characteristics of the South African constitution. While in the Indian Constitution, there were 395 articles in 22 parts and 12 schedules. In the Indian constitution, the Preamble plays an important role.