My dear students, a very good morning to all of you! I am so happy to be here with you today to learn about one of the most important chapters in your Civics textbook - Chapter 2, Constitutional Design. This is a chapter that will help you understand why our country works the way it does, and why certain rules and laws are so important for all of us. So let's begin our journey together.
Now students, before we start with the actual chapter, let me ask you a simple question. Do you know what a constitution is? You might have heard this word before, maybe in news or in your daily conversations. But do you really understand what it means and why it is so crucial for any country? Well, that's exactly what we are going to learn today.
Let's start by looking at a very interesting example from another country - South Africa. This will help us understand why we need a constitution and what constitutions actually do.
## The South African Story
Students, imagine a country where people were divided purely on the basis of their skin colour. Can you imagine such a thing? This actually happened in South Africa, a country in the continent of Africa. The system was called Apartheid, and it was one of the most oppressive systems the world has ever seen.
Now let me tell you what happened. During the seventeenth and eighteenth centuries, European trading companies, mainly from the Netherlands and later from Britain, occupied South Africa. Unlike India, where the British ruled but didn't settle here in large numbers, many white Europeans actually settled in South Africa and became the local rulers. These white people were a minority, but they held all the power.
The native people of South Africa are black in colour, and they made up about three-fourths of the population. The white rulers called them 'blacks'. There were also people of mixed races, called 'coloured', and people who had migrated from India. The white rulers treated all non-whites as inferiors. They had no voting rights, no proper education, no good jobs, and were forced to live in separate areas.
Students, let me describe to you just how bad this discrimination was. Black people were forbidden from living in white areas. They could work in white areas only if they had a special permit. Everything was separate - trains, buses, taxis, hotels, hospitals, schools, colleges, libraries, cinema halls, theatres, beaches, swimming pools, public toilets. Everything! This was called segregation. Black people could not even visit the churches where white people worshipped. They could not form associations or protest against this terrible treatment. If they did, they were beaten, arrested, or even killed.
Now, from 1950 onwards, the blacks, coloured people, and Indians started fighting against this apartheid system. They launched protest marches and strikes. The main organization that led this struggle was the African National Congress, which we commonly call the ANC. This included many workers' unions and even the Communist Party. Many white people who had a conscience also joined the ANC to oppose apartheid. Several countries in the world called apartheid unjust and racist. But the white racist government continued to rule by detaining, torturing and killing thousands of black and coloured people.
Then something remarkable happened. As protests and struggles increased, the white government realized they could no longer keep the blacks under their rule through repression. So they changed their policies. Discriminatory laws were repealed. Bans on political parties and restrictions on the media were lifted. And after 28 years in prison, Nelson Mandela walked out of jail as a free man!
Finally, on the midnight of 26th April 1994, the new national flag of the Republic of South Africa was unfurled, marking the birth of a new democracy in the world. The apartheid government came to an end, and a multi-racial government was formed.
Now students, here's the most important part. After the emergence of the new democratic South Africa, black leaders did something extraordinary. They appealed to fellow blacks to forgive the whites for the atrocities they had committed while in power. They said, "Let us build a new South Africa based on equality of all races and men and women, on democratic values, social justice and human rights."
The party that had ruled through oppression and brutal killings, and the party that had led the freedom struggle, sat together to draw up a common constitution. After two years of discussion and debate, they came out with one of the finest constitutions the world has ever had. This constitution gave to its citizens the most extensive rights available in any country.
Now, let me ask you a very important question. What would have happened if the black majority had decided to take revenge on the whites for all their oppression and exploitation? There might have been more violence, more killings, and South Africa might have become a failed state. But instead, they chose the path of reconciliation and peace. As Nelson Mandela said, "Historical enemies succeeded in negotiating a peaceful transition from apartheid to democracy exactly because we were prepared to accept the inherent capacity for goodness in the other."
So students, this is the spirit with which South Africa made its constitution. They decided that in the search for a solution to the problems, nobody should be excluded, no one should be treated as a demon. They agreed that everybody should become part of the solution, whatever they might have done or represented in the past.
Now, let me tell you what the South African Constitution says in its preamble. It says, "We, the people of South Africa, recognise the injustices of our past; honour those who suffered for justice and freedom in our land; respect those who have worked to build and develop our country; and believe that South Africa belongs to all who live in it, united in our diversity."
South Africans call themselves a 'rainbow nation'. Can you guess why? It's because they have people of many different colours living together in harmony - black, white, coloured, Indian, and many more. Just like the colours of a rainbow come together to create something beautiful, so too have the people of South Africa come together despite their differences.
Now students, I want you to think about this. Does the story of South African struggle for freedom remind you of the Indian national movement? Let me help you make a comparison.
In terms of the nature of colonialism, both India and South Africa were colonized by European powers. However, in South Africa, there was a large settler population, while in India, the British were mainly administrators.
In terms of relationship between different communities, in South Africa, the main division was on the basis of race, while in India, we had divisions based on religion, caste, and language.
In terms of leadership, we had Mahatma Gandhi in India, and Nelson Mandela in South Africa. Both were great leaders who inspired millions.
In terms of the party that led the struggle, in India it was the Indian National Congress, and in South Africa it was the African National Congress.
In terms of method of struggle, both countries used non-violent protests, satyagraha, and civil disobedience. However, in South Africa, there was also armed resistance at times.
So students, as you can see, there are many similarities between the two struggles, though there are some differences too.
Now let's move on to understand why we actually need a constitution.
## Why Do We Need a Constitution?
Students, the South African example is a great way to understand why we need a constitution and what constitutions do. In the new democratic South Africa, the oppressor and the oppressed were planning to live together as equals. It was not going to be easy for them to trust each other. They had their fears. They wanted to safeguard their interests.
The black majority was keen to ensure that the democratic principle of majority rule was not compromised. They wanted substantial social and economic rights. The white minority was keen to protect its privileges and property.
After long negotiations, both parties agreed to a compromise. The whites agreed to the principle of majority rule and that of one person one vote. They also agreed to accept some basic rights for the poor and the workers. The blacks agreed that majority rule would not be absolute. They agreed that the majority would not take away the property of the white minority.
Now students, this compromise was not easy. But the bigger question was - how was this compromise going to be implemented? Even if they managed to trust each other, what was the guarantee that this trust would not be broken in the future?
This is exactly where a constitution comes in. The only way to build and maintain trust in such a situation is to write down some rules of the game that everyone would abide by. These rules lay down how the rulers are to be chosen in future. These rules also determine what the elected governments are empowered to do and what they cannot do. Finally, these rules decide the rights of the citizen. These rules will work only if the winner cannot change them very easily. This is what the South Africans did. They agreed on some basic rules. They also agreed that these rules will be supreme, that no government will be able to ignore these. This set of basic rules is called a constitution.
Now students, constitution making is not unique to South Africa. Every country has diverse groups of people. Their relationship may not have been as bad as that between the whites and the blacks in South Africa. But all over the world, people have differences of opinion and interests. Whether democratic or not, most countries in the world need to have these basic rules. This applies not just to governments. Any association needs to have its constitution. It could be a club in your area, a cooperative society, or a political party - they all need a constitution.
So, let me give you a proper definition now. The 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 relationship among people living in a territory, called citizens, and also the relationship between the people and government.
Now students, what does a constitution do? Let me explain this in detail.
First, it generates a degree of trust and coordination that is necessary for different kinds of people to live together. When people have different interests and opinions, they need some common ground to live peacefully. The constitution provides that common ground.
Second, it specifies how the government will be constituted, who will have power to take which decisions. Who will be the President? Who will be the Prime Minister? How will elections be held? These are all decided by the constitution.
Third, it lays down limits on the powers of the government and tells us what the rights of the citizens are. The government cannot do whatever it wants. It has to respect the rights of the people. This is very important in a democracy.
Fourth, it expresses the aspirations of the people about creating a good society. The constitution is not just about rules; it is also about dreams and hopes for a better future.
Now students, I want you to remember this important point - all countries that have constitutions are not necessarily democratic. But all countries that are democratic will have constitutions. After the War of Independence against Great Britain, the Americans gave themselves a constitution. After the Revolution, the French people approved a democratic constitution. Since then, it has become a practice in all democracies to have a written constitution.
Now, let me ask you to do an activity. Approach a club or cooperative society or union or political party in your locality. Get a copy of their rule book, which is often called Rules of Association, and read it. Are these rules in accordance with principles of democracy? Do they give membership to any person without discrimination? This will help you understand how constitutions work in practice.
Now let's move on to learn about how the Indian Constitution was made.
## Making of the Indian Constitution
Students, like South Africa's constitution, India's Constitution was also drawn up under very difficult circumstances. The making of the constitution for a huge and diverse country like India was not an easy affair.
At that time, the people of India were emerging from the status of subjects to that of citizens. The country was born through a partition on the basis of religious differences. This was a traumatic experience for the people of India and Pakistan. At least ten lakh people were killed on both sides of the border in partition-related violence. There was another problem. The British had left it to the rulers of the princely states to decide whether they wanted to merge with India or with Pakistan or remain independent. The merger of these princely states was a difficult and uncertain task. When the constitution was being written, the future of the country did not look as secure as it does today. The makers of the constitution had anxieties about the present and the future of the country.
Despite all these difficulties, there was one big advantage for the makers of the Indian Constitution. Unlike South Africa, they did not have to create a consensus about what a democratic India should look like. Much of this consensus had evolved during the freedom struggle.
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. There were sharp differences of opinion within the freedom struggle about the path India should take after Independence. Such differences exist even today. Yet some basic ideas had come to be accepted by almost everyone.
As far back as in 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India. In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how independent India's constitution should look like. Both these documents were committed to the inclusion of universal adult franchise, right to freedom and equality, and to protecting the rights of minorities in the constitution of independent India. Thus, some basic values were accepted by all leaders much before the Constituent Assembly met to deliberate on the Constitution.
The familiarity with political institutions of colonial rule also helped develop an agreement over the institutional design. The British rule had given voting rights only to a few. On that basis, the British had introduced very weak legislatures. Elections were held in 1937 to Provincial Legislatures and Ministries all over British India. These were not fully democratic governments. But 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 and working in them. That is why the Indian constitution adopted many institutional details and procedures from colonial laws like the Government of India Act, 1935.
Years of thinking and deliberation on the framework of the constitution had another benefit. Our leaders gained confidence to learn from other countries, but on our own terms. Many of our leaders were inspired by the ideals of French Revolution, the practice of parliamentary democracy in Britain, and the Bill of Rights in the US. The socialist revolution in Russia had inspired many Indians to think of shaping a system based on social and economic equality. Yet they were not simply imitating what others had done. At each step, they were questioning whether these things suited our country. All these factors contributed to the making of our Constitution.
Now students, let me tell you about the Constituent Assembly. Who were the makers of the Indian Constitution?
Elections to the Constituent Assembly were held in July 1946. Its first meeting was held in December 1946. Soon after, the country was divided into India and Pakistan. The Constituent Assembly was also divided into the Constituent Assembly of India and that of Pakistan. The Constituent Assembly that wrote the Indian constitution had 299 members. The Assembly adopted the Constitution on 26th November 1949, but it came into effect on 26th January 1950. To mark this day, we celebrate January 26 as Republic Day every year.
Now, why should we accept the Constitution made by this Assembly more than seven decades ago? We have already noted one reason above. The Constitution does not reflect the views of its members alone. It expresses a broad consensus of its time. Many countries of the world have had to rewrite their constitution afresh because the basic rules were not acceptable to all major social groups or political parties. In some other countries, the constitution exists as a mere piece of paper. No one actually follows it. The experience of our Constitution is different. Over the last half a century, several groups have questioned some provisions of the Constitution. But no large social group or political party has ever questioned the legitimacy of the Constitution itself. This is an unusual achievement for any constitution.
The second reason for accepting the Constitution is that the Constituent Assembly represented the people of India. There was no universal adult franchise at that time. So the Constituent Assembly could not have been chosen directly by all the people of India. It was elected mainly by the members of the existing Provincial Legislatures that we mentioned above. This ensured a fair geographical share of members from all the regions of the country. The Assembly was dominated by the Indian National Congress, the party that led India's freedom struggle. But the Congress itself included a variety of political groups and opinions. The Assembly had many members who did not agree with the Congress. In social terms too, the Assembly represented members from different language groups, castes, classes, religions, and occupations. Even if the Constituent Assembly was elected by universal adult franchise, its composition would not have been very different.
Finally, the manner in which the Constituent Assembly worked gives sanctity to the Constitution. 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 discussion took place on the Draft Constitution, clause by clause. More than two thousand amendments were considered. The members deliberated for 114 days spread over three years. Every document presented and every word spoken in the Constituent Assembly has been recorded and preserved. These are called 'Constituent Assembly Debates'. When printed, these debates are 12 bulky volumes! These debates provide the rationale behind every provision of the Constitution. These are used to interpret the meaning of the Constitution.
Now students, let me tell you about some of the important members of the Constituent Assembly. This will help you understand how diverse the Assembly was.
Rajendra Prasad was born in Bihar in 1884. He was the President of the Constituent Assembly. He was a lawyer and was known for his role in the Champaran satyagraha. He was three times the president of Congress. Later, he became the first President of India.
Jaipal Singh was born in Jharkhand in 1903. He was a sportsman and educationist. He was the captain of the first national Hockey team. He was the Founder President of Adivasi Maha Sabha. Later, he founded the Jharkhand Party.
H.C. Mookherjee was born in Bengal in 1887. He was the Vice-Chairman of the Constituent Assembly. He was a reputed author and educationist. He was a Congress leader and a member of the All India Christian Council and Bengal Legislative Assembly. Later, he became the Governor of West Bengal.
G. Durgabai Deshmukh was born in Andhra Pradesh in 1909. She was an advocate and public activist for women's emancipation. She was the founder of Andhra Mahila Sabha and a Congress leader. Later, she became the Founder Chairperson of Central Social Welfare Board.
Baldev Singh was born in Haryana in 1901. He was a successful entrepreneur and leader of the Panthic Akali Party in the Punjab Assembly. He was a nominee of the Congress in the Constituent Assembly. Later, he became the Defence Minister in the Union Cabinet.
Kanhaiyalal Maniklal Munshi was born in Gujarat in 1887. He was an advocate, historian, and linguist. He was a Congress leader and Gandhian. Later, he became a Minister in the Union Cabinet. He was the founder of the Swatantra Party.
Bhimrao Ramji Ambedkar was born in Madhya Pradesh in 1891. He was the Chairman of the Drafting Committee. He was a social revolutionary thinker and agitator against caste divisions and caste-based inequalities. Later, he became the Law Minister in the first cabinet of post-independence India. He was the founder of the Republican Party of India.
Shyama Prasad Mukherjee was born in West Bengal in 1901. He was the Minister for Industry and Supply in the Interim Government. He was an educationist and lawyer. He was active in Hindu Mahasabha. Later, he became the Founder President of Bharatiya Jansangh.
Jawaharlal Nehru was born in Uttar Pradesh in 1889. He was the Prime Minister of the interim government. He was a lawyer and Congress leader. He was an advocate of socialism, democracy, and anti-imperialism. Later, he became the First Prime Minister of India.
Sarojini Naidu was born in Andhra Pradesh in 1879. She was a poet, writer, and political activist. She was among the foremost women leaders in the Congress. Later, she became the Governor of Uttar Pradesh.
Somnath Lahiri was born in West Bengal in 1901. He was a writer and editor. He was a leader of the Communist Party of India. Later, he became a member of the West Bengal Legislative Assembly.
Now students, I want you to look at these examples and see if you can support the following statements.
First, the Assembly had many members who were not with the Congress. Yes, this is true. For example, Shyama Prasad Mukherjee was from the Hindu Mahasabha, Somnath Lahiri was from the Communist Party, and Jaipal Singh was not from the Congress.
Second, the Assembly represented members from different social groups. Yes, this is true. There were members from different castes, classes, religions, and occupations. For example, Dr. Ambedkar represented the Scheduled Castes, Jaipal Singh represented the tribal communities, and G. Durgabai Deshmukh represented women's interests.
Third, members of the Assembly believed in different ideologies. Yes, this is true. Some were socialists, some were conservatives, some were communists, and some were followers of Gandhi. This shows that the Assembly was truly representative of the diverse views in Indian society.
Now students, I want you to do an activity. Find out more about any member of the Constituent Assembly from your state or region who is not mentioned here. Collect a photograph or make a sketch of that leader. Write a short note on him or her, following the same style as used here: Name, year of birth-year of death, place of birth, brief description of political activities, and role played after the Constituent Assembly.
Now let's move on to understand the guiding values of the Indian Constitution.
## Guiding Values of the Indian Constitution
Students, in this book, we shall study the exact provisions of the Constitution on different subjects. At this stage, let us begin by understanding the overall philosophy of what our Constitution is all about. We can do this in two ways. We can understand it by reading the views of some of our major leaders on our Constitution. But it is equally important to read what the Constitution says about its own philosophy. This is what the preamble to the Constitution does.
Now, let me tell you about the dream and promise of our Constitution.
Some of you may have noticed a name missing from the sketches of the makers of the constitution: Mahatma Gandhi. He was not a member of the Constituent Assembly. Yet there were many members who followed his vision. Years ago, writing in his magazine Young India in 1931, he had spelled out what he wanted the Constitution to do:
"I shall strive for a constitution which will release India from all thraldom 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."
This dream of an India that has eliminated inequality was shared by Dr. Ambedkar, who played a key role in the making of the Constitution, but he had a different understanding of how inequalities could be removed. He often bitterly criticised Mahatma Gandhi and his vision. In his concluding speech to the Constituent Assembly, he stated his anxiety very clearly:
"On the 26th of January 1950, we are going to enter a life of contradictions. In politics, we will have equality, and in social and economic life, we will have inequality. In politics, we will be recognising the principle of one man one vote and one vote one value. In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril."
Now, let me turn to Jawaharlal Nehru giving his famous speech to the Constituent Assembly at the stroke of midnight on 15th August 1947:
"Long years ago we made a tryst with destiny, and now the time comes when we shall redeem our pledge, not wholly or in full measure, but very substantially. At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom. A moment comes, which comes but rarely in history, when we step out from the old to the new, when an age ends, and when the soul of a nation, long suppressed, finds utterance. It is fitting that at this solemn moment we take the pledge of dedication to the service of India and her people and to the still larger cause of humanity.
Freedom and power bring responsibility. The responsibility rests upon this Assembly, a sovereign body representing the sovereign people of India. Before the birth of freedom, we have endured all the pains of labour, and our hearts are heavy with the memory of this sorrow. Some of those pains continue even now. Nevertheless, the past is over, and it is the future that beckons to us now.
That future is not one of ease or resting but of incessant striving so that we may fulfil the pledges we have so often taken and the one we shall take today. The service of India means the service of the millions who suffer. It means the ending of poverty and ignorance and disease and inequality of opportunity. The ambition of the greatest man of our generation has been to wipe every tear from every eye. That may be beyond us, but as long as there are tears and suffering, so long our work will not be over."
Now students, let me ask you to check your progress. Read the three quotations above carefully.
Can you identify one idea that is common to all these three? Yes, all three talk about equality and justice for all. All three emphasize the need to uplift the poor and the marginalized. All three talk about creating a society where everyone has equal opportunities.
What are the differences in their ways of expressing that common idea? Well, Mahatma Gandhi talks about it in terms of his vision of an ideal India - a India without untouchability, where women have equal rights, and where there is harmony among all communities. Dr. Ambedkar talks about it more critically - he points out the contradiction between political equality and social and economic inequality. Nehru talks about it in terms of a pledge and a promise - a tryst with destiny that needs to be fulfilled.
Now let's look at the philosophy of the Constitution.
The Constitution begins with a short statement of its basic values. This is called the Preamble to the constitution. Taking inspiration from the American model, most countries in the contemporary world have chosen to begin their constitutions with a preamble.
Values that inspired and guided the freedom struggle and were in turn nurtured by it formed the foundation for India's democracy. These values are embedded in the Preamble of the Indian Constitution. They guide all the articles of the Indian Constitution.
Now students, let me read the Preamble of our Constitution very carefully and explain the meaning of each of its key words.
The Preamble of the Constitution reads like a poem on democracy. It contains the philosophy on which the entire Constitution has been built. It provides a standard to examine and evaluate any law and action of government, to find out whether it is good or bad. It is the soul of the Indian Constitution.
The Preamble says: "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 of 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."
Now let me explain each key term:
WE, THE PEOPLE OF INDIA: The constitution has been drawn up and enacted by the people through their representatives, and not handed down to them by a king or any outside powers.
SOVEREIGN: People have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.
SOCIALIST: Wealth is generated socially and should be shared equally by society. Government should regulate the ownership of land and industry to reduce socio-economic inequalities.
SECULAR: Citizens have complete freedom to follow any religion. But there is no official religion. Government treats all religious beliefs and practices with equal respect.
DEMOCRATIC: A form of government where people enjoy equal political rights, elect their rulers and hold them accountable. The government is run according to some basic rules.
REPUBLIC: The head of the state is an elected person and not a hereditary position.
JUSTICE: Citizens cannot be discriminated on the grounds of caste, religion and gender. Social inequalities have to be reduced. Government should work for the welfare of all, especially of the disadvantaged groups.
LIBERTY: There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts, and the way they wish to follow up their thoughts in action.
EQUALITY: All are equal before the law. The traditional social inequalities have to be ended. The government should ensure equal opportunity for all.
FRATERNITY: All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.
Now students, note that the terms 'Socialist' and 'Secular' were added in the Preamble through the 42nd Constitutional Amendment in 1976. Originally, the Preamble did not contain these words. They were added during the Emergency period to emphasize India's commitment to socialist and secular principles.
Now, let me ask you to compare the Preambles to the constitutions of the United States of America, India, and South Africa.
The Preamble of the United States says: "We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."
The Preamble of South Africa says: "We, the people of South Africa, recognise the injustices of our past; honour those who suffered for justice and freedom in our land; respect those who have worked to build and develop our country; and believe that South Africa belongs to all who live in it, united in our diversity."
Now, let me help you make a list of ideas that are common to all these three. All three talk about justice. All three talk about establishing or securing liberty. All three talk about promoting the welfare of the people. All three are created by the people themselves.
Now, note down at least one of the major differences among these. The US Constitution talks about forming a more perfect union, while the Indian Constitution talks about constituting India into a sovereign, socialist, secular, democratic republic. The South African Constitution specifically talks about recognizing the injustices of the past and healing the divisions.
Which of the three makes a reference to the past? The South African Constitution makes a specific reference to the past - it recognises the injustices of the past.
Which of these does not invoke God? The Indian Constitution does not invoke God. The US Constitution also does not invoke God. But interestingly, the South African Constitution ends with the words "May God protect our people" in different languages.
Now students, let me tell you about institutional design. A constitution is not merely a statement of values and philosophy. As we noted above, a constitution is mainly about embodying these values into institutional arrangements. Much of the document called Constitution of India is about these arrangements. It is a very long and detailed document. Therefore, it needs to be amended quite regularly to keep it updated. Those who crafted the Indian Constitution felt that it has to be in accordance with people's aspirations and changes in society. They did not see it as a sacred, static, and unalterable law. So, they made provisions to incorporate changes from time to time. These changes are called constitutional amendments.
The Constitution describes the institutional arrangements in a very legal language. If you read the Constitution for the first time, it can be quite difficult to understand. Yet the basic institutional design is not very difficult to understand. Like any Constitution, the Indian Constitution lays down a procedure for choosing persons to govern the country. It defines who will have how much power to take which decisions. And it puts limits to what the government can do by providing some rights to the citizen that cannot be violated.
Now students, before we move on to the exercises, let me quickly go through some important terms that we have learned in this chapter.
Apartheid: The official policy of racial separation and ill treatment of blacks followed by the government of South Africa between 1948 and 1989.
Clause: A distinct section of a document.
Constituent Assembly: An assembly of people's representatives that writes a constitution for a country.
Constitution: Supreme law of a country, containing fundamental rules governing the politics and society in a country.
Constitutional amendment: A change in the constitution made by the supreme legislative body in a country.
Draft: A preliminary version of a legal document.
Philosophy: The most fundamental principles underlying one's thoughts and actions.
Preamble: An introductory statement in a constitution which states the reasons and guiding values of the constitution.
Treason: The offence of attempting to overthrow the government of the state to which the offender owes allegiance.
Tryst: A meeting or meeting place that has been agreed upon.
Now students, let's move on to the exercises. I will solve each question one by one and explain the answer.
## Exercises
**Question 1:** Here are some false statements. Identify the mistake in each case and rewrite these correctly based on what you have read in this chapter.
**a) Leaders of the freedom movement had an open mind about whether the country should be democratic or not after independence.**
This statement is false. The leaders of the freedom movement were almost always in favour of democracy. Even before independence, in 1928, Motilal Nehru and other Congress leaders drafted a constitution for India that was committed to democratic principles. The 1931 Karachi resolution also spoke about independent India's constitution being democratic. So the correct statement is: Leaders of the freedom movement were almost always in favour of democracy after independence.
**b) Members of the Constituent Assembly of India held the same views on all provisions of the Constitution.**
This statement is false. The members of the Constituent Assembly had different views on many provisions. There were debates and discussions on almost every article. More than two thousand amendments were considered. Some members were socialists, some were conservatives, some were followers of Gandhi, and some had different ideologies. So the correct statement is: Members of the Constituent Assembly of India held different views on many provisions of the Constitution.
**c) A country that has a constitution must be a democracy.**
This statement is false. Not all countries with constitutions are democracies. For example, during the apartheid era, South Africa had a constitution, but it was not democratic. Many authoritarian countries have constitutions, but they are not followed in true spirit. So the correct statement is: A country that has a constitution need not necessarily be a democracy, but all democratic countries have constitutions.
**d) Constitution cannot be amended because it is the supreme law of a country.**
This statement is false. The constitution can be amended. In fact, the Indian Constitution has been amended more than 100 times since it came into effect in 1950. The constitution is supreme, but it can be changed through a proper amendment process. So the correct statement is: Constitution can be amended through a proper constitutional amendment process.
**Question 2:** Which of these was the most salient underlying conflict in the making of a democratic constitution in South Africa?
The correct answer is **c) Between the white majority and the black minority**.
Wait, students, let me clarify this. Actually, in South Africa, the whites were a minority, and the blacks were a majority. So the conflict was between the white minority and the black majority. But the question asks about the underlying conflict, and the main conflict was indeed between whites and blacks. So the answer is c.
**Question 3:** Which of these is a provision that a democratic constitution does not have?
The correct answer is **b) Name of the head of the state**.
Let me explain this. A democratic constitution does specify the powers of the head of the state, but it does not name the head of the state. The head of the state is determined through elections, not by the constitution. The constitution may describe the qualifications and procedures for electing the head of state, but it does not name a specific person. Similarly, the constitution may describe the powers of the legislature and may even name the country, but it does not name the head of state. So the answer is b.
**Question 4:** Match the following leaders with their roles in the making of the Constitution:
a) Motilal Nehru - iv) Prepared a Constitution for India in 1928 b) B.R. Ambedkar - iii) Chairman of the Drafting Committee c) Rajendra Prasad - i) President of the Constituent Assembly d) Sarojini Naidu - ii) Member of the Constituent Assembly
So the correct matching is: a-iv, b-iii, c-i, d-ii.
**Question 5:** Read again the extracts from Nehru's speech 'Tryst with Destiny' and answer the following:
**a) Why did Nehru use the expression "not wholly or in full measure" in the first sentence?**
Nehu used this expression because he knew that independence was just the beginning, not the end. The pledge made years ago could not be completely fulfilled in one day. There was still much work to be done - to end poverty, ignorance, disease, and inequality. So he said "not wholly or in full measure" to indicate that while independence was achieved, the real work of building a just and equal society was still ahead.
**b) What pledge did he want the makers of the Indian Constitution to take?**
He wanted them to take the pledge of dedication to the service of India and her people and to the still larger cause of humanity. He wanted them to work for the service of the millions who suffer, to end poverty and ignorance and disease and inequality of opportunity.
**c) "The ambition of the greatest man of our generation has been to wipe every tear from every eye". Who was he referring to?**
He was referring to Mahatma Gandhi. Gandhi Ji dedicated his life to removing the tears from the eyes of the poor and the oppressed. He worked for the upliftment of the downtrodden and fought against all forms of injustice.
**Question 6:** Here are some of the guiding values of the Constitution and their meaning. Rewrite them by matching them correctly.
a) Sovereign - ii) People have the supreme right to make decisions. b) Republic - iii) Head of the state is an elected person. c) Fraternity - iv) People should live like brothers and sisters. d) Secular - i) Government will not favour any religion.
So the correct matching is: a-ii, b-iii, c-iv, d-i.
**Question 7:** How did your school celebrate the Constitution Day on November 26th? Prepare a brief report.
Students, this is an activity for you to do. I want you to think about how your school might celebrate Constitution Day. Usually, schools conduct special assemblies, organize debates or essay competitions, display posters about the Constitution, and teach students about the importance of the Constitution. You need to write a brief report based on what your school actually did. Since I don't know your school, I cannot write the report for you. But I can give you a sample structure:
"On November 26th, our school celebrated Constitution Day. The celebration began with a special assembly where our principal spoke about the importance of the Constitution. Students presented a skit about the making of the Constitution. The history teacher explained the significance of the Preamble. Some students recited poems about democracy and freedom. The day concluded with a pledge by all students to uphold the values of the Constitution."
You can modify this based on what actually happened in your school.
**Question 8:** Here are different opinions about what made India a democracy. How much importance would you give to each of these factors?
**a) Democracy in India is a gift of the British rulers. We received training to work with representative legislative institutions under the British rule.**
This view has some merit. The British did introduce some representative institutions in India, and Indians gained experience in working with these institutions. However, it would be wrong to say that democracy was a "gift" from the British. The British introduced these institutions not to promote democracy, but to further their own interests. Moreover, the Indian freedom struggle played a crucial role in establishing democracy. So I would give moderate importance to this factor.
**b) Freedom Struggle challenged the colonial exploitation and denial of different freedoms to Indians. Free India could not be anything but democratic.**
This view is very important. The freedom struggle was fundamentally a struggle for freedom, equality, and democracy. Leaders like Gandhi, Nehru, and Ambedkar were committed to democratic values. The Indian National Congress, which led the freedom struggle, was a democratic party. So I would give high importance to this factor.
**c) We were lucky to have leaders who had democratic convictions. The denial of democracy in several other newly independent countries shows the important role of these leaders.**
This view is also very important. Many newly independent countries, especially in Africa and Asia, did not become democracies. They either became dictatorships or one-party states. India was fortunate to have leaders who were deeply committed to democracy. Dr. Ambedkar, in particular, played a crucial role in drafting a democratic constitution. So I would give high importance to this factor as well.
In conclusion, I would say that all three factors played a role in making India a democracy. However, the most important factor was the commitment of our leaders to democratic values and the legacy of the freedom struggle.
**Question 9:** Read the following extract from a conduct book for 'married women', published in 1912. 'God has made the female species delicate and fragile both physically and emotionally, pitiably incapable of self-defence. They are destined thus by God to remain in male protection – of father, husband and son – all their lives. Women should, therefore, not despair, but feel obliged that they can dedicate themselves to the service of men'. Do you think the values expressed in this para reflected the values underlying our constitution? Or does this go against the constitutional values?
This extract completely goes against the values underlying our Constitution. The Constitution guarantees equality to all citizens, regardless of gender. Article 14 of the Constitution says that the state shall not deny to any person equality before the law or the equal protection of the laws. Article 15 says that the state shall not discriminate against any citizen on grounds only of sex. Article 16 says that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.
The extract portrays women as weak and dependent on men, which is completely contrary to the constitutional values of equality and dignity. The Constitution recognizes women as equal citizens with equal rights. The extract also talks about women serving men, which goes against the constitutional principle of fraternity - that all of us should behave as members of the same family, with mutual respect and dignity.
So the values in this extract are completely opposed to the values of our Constitution.
**Question 10:** Read the following statements about a constitution. Give reasons why each of these is true or not true.
**a) The authority of the rules of the constitution is the same as that of any other law.**
This statement is not true. The Constitution is the supreme law of the country. No other law can contradict the Constitution. If any law is found to be in conflict with the Constitution, it can be declared null and void by the courts. This is called judicial review. The Constitution is above all other laws.
**b) Constitution lays down how different organs of the government will be formed.**
This statement is true. The Constitution specifies how the government will be constituted. It defines the powers of the legislature, the executive, and the judiciary. It describes the election process, the qualifications of candidates, and the term of office for various positions.
**c) Rights of citizens and limits on the power of the government are laid down in the constitution.**
This statement is true. One of the most important functions of the Constitution is to protect the rights of citizens. In India, the Fundamental Rights are enshrined in Part III of the Constitution. These rights place limits on the power of the government. For example, the government cannot arbitrarily arrest anyone without proper reason, because that would violate the Right to Freedom.
**d) A constitution is about institutions, not about values.**
This statement is not true. While a constitution does lay down the structure of institutions, it is also deeply about values. The Preamble of the Constitution expresses the core values of the nation - justice, liberty, equality, and fraternity. These values guide the functioning of all institutions. The Constitution is not just a technical document; it is a statement of the aspirations and ideals of the people.
Now students, I want you to follow the newspapers for any report on a discussion on any constitutional amendment or demand for any constitutional amendment. You could, for example, focus on the demand for constitutional amendment for reservation for women in legislatures. Was there a public debate? What reasons were put forward in favour of the amendment? How did different parties react to the constitutional amendment? Did the amendment take place?
This is an activity that will help you understand how the Constitution evolves over time and how different sections of society try to bring about changes through constitutional means.
Now students, let me also tell you about some additional information that is provided in your textbook about the making of the Indian Constitution. This will help you understand the chapter better.
The Constituent Assembly was elected by indirect election by the members of the Provincial Legislative Assembly, according to the scheme recommended by the Cabinet Mission. The total membership of the Constituent Assembly was 389: 292 were representatives of the provinces, 93 represented the princely states, and four were from the Chief Commissioners' provinces of Delhi, Ajmer-Merwara, Coorg, and British Baluchistan.
The elections for the 296 seats assigned to the British Indian provinces were completed by August 1946. The Congress won 208 seats, the Muslim League 73 seats, and small groups and independents got the remaining 15 seats. However, the 93 seats for the princely states were not filled as they had not agreed to the scheme.
After the partition of India, the Constituent Assembly consisted of 299 members: 229 members elected from 12 Indian provinces and 70 members nominated from princely states.
The Constituent Assembly held its first meeting on 9th December 1946. Dr. Sachchidananda Sinha was elected as the temporary President of the Assembly, following the French practice. Later, Dr. Rajendra Prasad was elected as the permanent President of the Assembly. Sir B.N. Rau was appointed as the Constitutional Advisor to the Assembly.
The Assembly met in sessions open to the public. It functioned through various committees and sub-committees. The most important committees were the Union Powers Committee, chaired by Jawaharlal Nehru; the Union Constitution Committee, also chaired by Jawaharlal Nehru; the Provincial Constitution Committee, chaired by Sardar Patel; and the Drafting Committee, chaired by Dr. B.R. Ambedkar.
On 13th December 1946, Jawaharlal Nehru moved the historic 'Objectives Resolution' in the Assembly. It proclaimed that the Constituent Assembly would frame a Constitution for a sovereign, independent, republican India. It guaranteed justice, equality, and freedom to all citizens of India. It also assured adequate safeguards to minorities, backward and tribal areas, and depressed and other backward classes. The Objectives Resolution was unanimously adopted by the Constituent Assembly on 22nd January 1947. It influenced the eventual shaping of the Constitution through all its subsequent stages. Its modified version forms the Preamble of the present Constitution.
The process of drafting the Constitution involved several stages. First, various committees submitted their reports, which were discussed in the Assembly. Then, the Draft Constitution was published in February 1948. The people of India were given eight months to discuss it and suggest changes. After that, the Draft Constitution was discussed clause by clause in the Assembly between October 1948 and November 1949. Finally, the last debate on the Draft Constitution took place between 14th and 26th November 1949. The Constitution was finally adopted on 26th November 1949. However, only 284 members were present on that day and signed the official copies. The Constitution came into force on 26th January 1950, celebrated as Republic Day.
Now students, let me tell you about the sources of the Indian Constitution. The framers of the Indian Constitution borrowed features from various constitutions around the world.
From the United Kingdom, they borrowed the parliamentary government, rule of law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges, and bicameralism.
From the United States, they borrowed Fundamental Rights, independence of judiciary, judicial review, impeachment of the President, removal of Supreme Court and High Court judges, and the post of Vice-President.
From Canada, they borrowed the federal system with a strong centre, residuary powers with the centre, appointment of state governors by the centre, and advisory jurisdiction of the Supreme Court.
From Ireland, they borrowed the Directive Principles of State Policy, nomination of members to Rajya Sabha, and method of election of President.
From Australia, they borrowed the Concurrent List, freedom of trade, commerce and intercourse, and joint sitting of the two Houses of Parliament.
From the Soviet Union, they borrowed Fundamental Duties and ideals of justice in the Preamble.
From France, they borrowed the ideals of liberty, equality and fraternity in the Preamble.
From South Africa, they borrowed the procedure for amendment of the Constitution and election of members of Rajya Sabha.
From Japan, they borrowed the procedure established by law.
From Germany, they borrowed the suspension of Fundamental Rights during emergency.
Now students, let me tell you about some of the salient features of the Indian Constitution.
The Indian Constitution is the longest written constitution of any sovereign country in the world. The original Constitution contained 395 Articles and 8 Schedules. At present, it has 470 Articles, divided into 25 Parts, and 12 Schedules.
The Constitution is a blend of rigidity and flexibility. Article 368 provides for amendment of the Constitution. Some provisions can be amended by simple majority, some by special majority, and some require ratification by states as well. This makes the Constitution neither too rigid nor too flexible.
India has a parliamentary form of government both at the centre and in the states. The President is the constitutional head, while the real executive power is vested in the Council of Ministers headed by the Prime Minister. The government is responsible to the Lok Sabha.
The Constitution establishes a federal structure with a strong centre. The Seventh Schedule divides powers between the Centre and States through three lists: Union List with 100 subjects, State List with 61 subjects, and Concurrent List with 52 subjects. Residuary powers vest with the Centre. During emergencies, the system becomes unitary.
Part III of the Constitution guarantees six Fundamental Rights: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. These rights are justiciable and can be enforced by the courts.
Part IV contains the Directive Principles of State Policy. These are non-justiciable guidelines for the government to promote social and economic welfare.
Originally, Fundamental Duties were not part of the Constitution. Ten Fundamental Duties were added by the 42nd Amendment in 1976 through Article 51A. The 86th Amendment in 2002 added the eleventh duty regarding education of children.
The Constitution establishes India as a secular state. There is no official religion. All religions are treated equally by the state.
The Constitution provides for an independent judiciary with the Supreme Court at the apex, High Courts at the state level, and subordinate courts. The judiciary acts as the guardian of the Constitution and protector of Fundamental Rights.
Every citizen above 18 years of age has the right to vote without any discrimination. This is called universal adult franchise.
Unlike federal countries like the USA, India has single citizenship. Every Indian has equal rights throughout the country, irrespective of the state in which he or she resides.
The Constitution provides for three types of emergencies: National Emergency, State Emergency or President's Rule, and Financial Emergency.
Now students, I want to remind you about the significance of the Preamble. The Preamble is considered the "key to open the mind of the makers" of the Constitution. In the Kesavananda Bharati case in 1973, the Supreme Court held that the Preamble is a part of the Constitution and can be amended, subject to the basic structure doctrine. The 42nd Amendment in 1976 amended the Preamble to add the words "Socialist" and "Secular" and changed "unity of the Nation" to "unity and integrity of the Nation."
Now students, we have covered the entire chapter. Let me give you a brief summary of what we have learned today.
## Summary
In this chapter, we learned about Constitutional Design. We started with the story of South Africa, where after years of apartheid, a new democratic constitution was created through negotiation and reconciliation between former enemies. We learned that a constitution is a set of written rules that are accepted by all people living together in a country. It is the supreme law that determines the relationship among citizens and between the people and the government.
We learned that a constitution does many things: it generates trust among different groups of people, it specifies how the government will be constituted, it lays down limits on the powers of the government and tells us what the rights of the citizens are, and it expresses the aspirations of the people about creating a good society.
Then we learned about the making of the Indian Constitution. We learned that the Indian Constitution was made under difficult circumstances - partition, violence, and uncertainty about the future. But the makers of the Constitution had a big advantage: much of the consensus about democratic India had already evolved during the freedom struggle.
We learned about the Constituent Assembly that made the Constitution. It had 299 members representing different regions, communities, and ideologies. The Assembly worked in a systematic, open, and consensual manner for three years. More than two thousand amendments were considered. The Constitution was adopted on 26th November 1949 and came into effect on 26th January 1950.
We learned about the guiding values of the Indian Constitution as expressed in the Preamble. The Preamble declares India to be a sovereign, socialist, secular, democratic republic. It secures justice, liberty, equality, and fraternity to all citizens. We learned the meaning of each of these terms.
We also learned about the institutional design of the Constitution - how it lays down the structure of the government and provides for amendments when needed.
Finally, we solved all the exercises in the chapter. We learned how to identify false statements and correct them, how to match leaders with their roles, how to interpret Nehru's speech, and how to analyze various statements about the constitution.
Students, this chapter is very important because it tells us about the foundations of our democracy. The Constitution is not just a document; it is the soul of our nation. It embodies our dreams and aspirations. It protects our rights and guides our duties. As responsible citizens, it is our duty to understand and uphold the values of the Constitution.
Thank you for listening to me so patiently. I hope you have understood this chapter well. If you have any doubts, please ask your teacher. Remember, a good citizen is one who knows and respects the Constitution of their country.
Jai Hind!