Sakshi Mittal is teaching live on Unacademy Plus
DEMOCRATIC CONSTITUTION IN SOUTH AFRICA
Struggle against Apartheid: Apartheid referred to the policy of discrimination an the basis of race as practiced by the government of South Africa. The main features of this policy were as follows: All people were classified and separated on the basis of race. Each group had to live in a separate area. There were separate schools and universities, separate shopping centers, separate coaches in trains. Marriage between persons belonging to two races was a criminal offence. There were restriction on movement from one place to another. Non-whites had no votes. They had no say in the governance of the country. in short, the policy of apartheid human denied human rights and rendered the government of South Africa as among the most oppressive regimes in the world in the 20th century.
Nelson Mandela, the South African leader of African National Congress, fought a long battle against Apartheid. Imprisoned for 28 years (1964-1992) emerged as the First President of the Republic of South-Africa. People struggled against the horrible discrimination practised against them by th white minority rulers. Apartheid finally defeated in 1994 and a new constitution made in 1996. Black leaders appealed fellow blacks to forgive white. Remarkable constitution, forgot past sufferings, sought co-operation of all the races which make S. Africa based on equality, democratic values and social justice.
South Africa constitution game to its citizen the most extensive rights available in any country. -Together they decided that in the search for a solution to the problems, nobody should be excluded, no one should be treated as demon. They agreed that everybody should become past of the solution, whatever they have alone on represented in the past. Thus, the South Africa constitution inspires democrat all ever the would. A state denounced by the entire would tile recently as the most undemocratic one is now seen as a mode of a democracy
WHY DO WE NEED A CONSTITUTION? A Constitution of a country is a set of written rules that are accepted by all people living together in a country Constitution is the supreme law that determines the elationship among people living in a territory (called citizens) and also the relationship between the people and government
a constitution does many things (i) First, it generates a degree of trust and coordination that is necessary for different kind of people to live together: (ii) Second, it specifies how the government will be constituted., who will have power to take which decisions; iii Third, it lays down limits on the powers of the government and tells us what the rights of the citizens are: (iv) Fourth, it expresses the aspirations of the people about creating a good society.
All countries that have constitutions are not necessarily democratic. But all countries that are democratic will have constitutions
MAKING OF INDIAN CONSTITUTION
The making of the constitution for a huge and diverse country like India was not an easy affair. (i) The people of India were emerging from the status of subjects to that of citizens. -(ii) The country was born through a partition on the basis of religious differences. Atleast ten lakh people were killed on both sides of the border in partition related violence. (ii) The British had left it to the rulers of the princely states to decide whether they wanted to merge with Indian or with Pakistan or remain independent. The merger of these princely states was difficult and uncertain task. (iv) When the constitution was being written, the makers of the constitution had anxieties about the present and the future of the country
The path to constitution: (i) Our national movement was not merely a struggle against a foreign rule. It was also a struggle to rejuvenate our country and to transform our society and politics (ii) The familiarity with political institutions of colonial rule also helped velop an agreement over the institutional design. the experience gained by Indians in the working of the legislative institutions proved to be very useful for the country in setting up its own institutions
ii) Many of our leaders were inspired by the ideals of French Revolutions, the practice of Parliamentary democracy in Britain and Bill of Rights in USA. So they incorporated some good points of the Constitution of these in the Indian Constitution (iv) They also got inspiration from the Constitution drafted by Moti Lal Nehru and eight other Congress leaders in 1928, and the outlines of the Indian Constitution prepared by the Indian National Congress at its Karachi session in 1931.
The Constitution of India was framed by a Constituent Assembly set up under the Cabinet Mission Plan, 1946. The assembly consisted of 389 members representing provinces (292), states (93), the chief commissioner provinces (3) and Baluchistan (1). The assembly held its first meeting on December 6, 1946. It elected Dr. Rajendra Prasad as its Chairman
Philosophy of the Constitution To understand the philosophy of the Indian Constitution, you need to understand the preamble of the constitution. The keywords in the Preamble of the Constitution of India are discussed as follows:
WE, THE PEOPLE OF INDIA: This statement means that the constitution was not handed down to us by any king or by any outside power, rather it was drawn and enacted by the people of India through their representatives.
SOVEREIGN: The sovereignty means that India is a free country and no external power can dictate the government of India. It is important to note that the British had proposed a dominion status for India which meant it would have been a country under the British monarchy. The Constituent Assembly rejected that proposal and preferred for full freedom.
SOCIALIST The socialism which is being followed in India is somewhat different than what was being followed in various communist countries at that time. The Indian socialism was about generation of wealth by the society and sharing of wealth equally by the society. It was decided that the government would regulate the ownership of land and industry to reduce socioeconomic inequality
EQUALITY: All citizens are equal before the law; irrespective of differences in socio-economic conditions. Every citizen would be provided equal opportunities to improve his/her socioeconomic conditions. FRATERNITY: Each citizen should respect the spirit of brotherhood and no one should treat a fellow citizen as inferior.
i)In the first category, amendments can be done by simple majority of members present and voting before sending it for the President's assent. (ii) In the second category, amendments require a special majority. such an amendment can be passed by each house of Parliament by the two-thirds majority of the members of the house present and voting and then sent to the President for his assent. i) The third category, amendments is really difficult to pass. besides the special majority mentioned in the second category, the same has to be approved by at least 50 percent of the state legislatures