How do a group of people who have just won their freedom decide the rules by which they will live together? They write a constitution — the supreme rule book of a country. This chapter shows how South Africa and India designed constitutions that turned dreams of freedom and equality into living law.
Constitution
The supreme law that lays down how a country is governed.
Constituent Assembly
The body of elected members that drafts the constitution.
Preamble
The introductory statement of values and goals of the constitution.
Apartheid
The South African system of racial segregation and discrimination.
1. Why does a country need a constitution?
A constitution is the set of basic rules that allows people who live together to coordinate their actions and live in harmony. It serves several purposes. First, it generates a degree of trust and coordination that is necessary for different kinds of people to live together. Second, it specifies how the government will be constituted — who will have the power to make decisions. Third, it lays down limits on the powers of the government and tells us what the rights of the citizens are. Finally, it expresses the aspirations of the people about creating a good society. Almost every country in the world that is governed by a democratic government has a written constitution. It is the document that contains the long-term vision of the people and the supreme law that everyone, including the rulers, must follow.
2. The Story of South Africa — the struggle against Apartheid
Apartheid was the name of a system of racial discrimination unique to South Africa. The white Europeans who settled there imposed the system. Under apartheid, the population was divided by their skin colour. Native people of South Africa were black; they made up about three-fourths of the population and were called ‘blacks’. People of mixed race were called ‘coloured’ and those who came from India as ‘Indians’. The white rulers treated all non-whites as inferiors. Non-whites did not have voting rights, could not live in white areas, could not visit the same churches, schools, hospitals, trains, buses, cinemas or beaches as whites. This was called segregation. Trains, buses, taxis, hotels, hospitals, schools, colleges, libraries, cinemas, theatres, beaches, swimming pools and public toilets were all separate for the whites and the blacks.
3. The freedom struggle and Nelson Mandela
Since 1950, the blacks, coloured and Indians fought against the apartheid system. They launched protest marches and strikes. The African National Congress (ANC) was the umbrella organisation that led the struggle against the policies of segregation. Many sensitive whites also joined the ANC to oppose apartheid. The leader of this struggle was Nelson Mandela, who along with seven other leaders was sentenced to life imprisonment in 1964 for daring to oppose the apartheid regime in his country. He spent the next twenty-eight years in prison, much of it on the dreaded Robben Island. As protests grew, the government realised it could no longer keep the blacks under its rule through repression. The apartheid government finally changed its policies.
4. Towards a new constitution in South Africa
Finally, on 26 April 1994, apartheid laws were repealed. At the midnight of that day, the new national flag of the Republic of South Africa was unfurled, marking the birth of a new democracy. The South African government and the ANC came together to negotiate. They emerged from this struggle to design a constitution that would assure everyone equal rights. The oppressor and the oppressed in this new democracy decided to work together as equals. Nelson Mandela became the first president of the new democratic South Africa. The party that ruled through oppression and the party that led the freedom struggle sat together to draw up a common constitution. After two years of discussion, they together produced one of the finest constitutions the world has ever had. This constitution gave its citizens 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. The South African constitution inspires democrats all over the world. A state denounced by the whole world till recently as the most racist became a model of democracy.
5. Why India needed a new constitution
Like South Africa, 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, a traumatic experience for the people of India and Pakistan. Several princely states were yet to join the new nation. The new nation had to adopt strategies to accommodate diversity. The framers of the constitution had to face a question: how do you hold together a country whose people speak different languages, follow different religions, and practise different cultures? Yet there were favourable circumstances too. There was a long history of the freedom struggle that had already given the people a sense of shared purpose.
6. The roots in the freedom struggle — borrowed and home-grown ideas
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. The familiarity with political institutions of colonial rule also helped develop an agreement over the institutional design. The experience gained by Indians in the working of the legislative institutions proved very useful for the country in setting up its own institutions and working in them. The Indian constitution adopted many institutional details and procedures from colonial laws like the Government of India Act, 1935. Many of our leaders were inspired by the ideals of the 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 society based on equality and a sense of community. Yet none of these models was simply copied. At each step they made careful changes to suit Indian conditions.
7. The Constituent Assembly
The drafting of the document called the constitution was done by an assembly of elected representatives called the Constituent Assembly. 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 that wrote the Indian constitution had 299 members. The Assembly adopted the constitution on 26 November 1949 but it came into effect on 26 January 1950. To mark this day we celebrate Republic Day every year. Why should we accept this constitution made by this Assembly more than seventy years ago? The Constituent Assembly represented the people of India. There was no universal adult franchise at that time, so it could not have been chosen directly by all the people. But the Assembly was elected mainly by the members of the existing Provincial Legislatures and represented all sections of Indian society. The members reflected the principle of consensus and accommodation; decisions were taken after a lot of deliberation and discussion, not by majority alone.
8. The great minds behind the constitution
The Constituent Assembly had many distinguished leaders. Dr. Rajendra Prasad was the President of the Constituent Assembly. Dr. B.R. Ambedkar was the chairman of the Drafting Committee and is honoured as the father of the Indian Constitution. Jawaharlal Nehru moved the famous Objectives Resolution in the Assembly. Other key members included Sardar Vallabhbhai Patel, who worked to integrate the princely states; Sarojini Naidu; Maulana Abul Kalam Azad; and many lawyers, scholars and reformers. These members spanned the political spectrum and came from different regions, religions and communities, which is why the constitution carries the collective wisdom of the whole country.
9. Guiding values — the Preamble of the Indian Constitution
The Preamble is like the soul of the constitution. It is a short statement at the beginning that contains the philosophy on which the entire constitution is based. The Preamble declares India to be Sovereign (people have the supreme right to make decisions, free from external power), Socialist (wealth is generated socially and should be shared equally), Secular (citizens have complete freedom to follow any religion and the state treats all religions equally), Democratic (a form of government where people enjoy equal political rights and rulers are elected), and a Republic (the head of the state is an elected person, not a hereditary king or queen). It promises Justice, Liberty, Equality and Fraternity to all citizens. The Preamble begins with the powerful words “WE, THE PEOPLE OF INDIA”, showing that the constitution has been drawn up and enacted by the people through their representatives.
10. Institutional design
A constitution is not merely a statement of values and philosophy. It is mostly about embodying these values into institutional arrangements. Much of the document is a very long and detailed description of these arrangements. It is a very long and detailed document and therefore needs to be amended quite regularly to keep it updated. Those who crafted the Indian constitution provided methods to incorporate changes from time to time. These changes are called constitutional amendments. The constitution describes the institutional arrangements in a very legal language — how the legislature, executive and judiciary will be formed, what their powers are, and how they relate to one another, so that no single organ can become all-powerful.
- Apartheid = system of racial segregation unique to South Africa.
- Nelson Mandela — spent 28 years in prison; first President of democratic South Africa.
- 26 April 1994 — apartheid laws repealed; new South African democracy born.
- July 1946 — elections to the Indian Constituent Assembly.
- December 1946 — first meeting of the Constituent Assembly.
- 299 members in the Constituent Assembly.
- 26 November 1949 — constitution adopted.
- 26 January 1950 — constitution came into effect (Republic Day).
- Dr. Rajendra Prasad = President of Constituent Assembly; Dr. B.R. Ambedkar = chairman of Drafting Committee.
- Preamble values: Sovereign, Socialist, Secular, Democratic, Republic — Justice, Liberty, Equality, Fraternity.
What is a constitution? Why does a democratic country need a constitution? (5 marks)
- Define it: a constitution is the supreme law that lays down the basic rules by which a country is governed.
- First need: it generates trust and coordination so different kinds of people can live together in harmony.
- Second need: it specifies how the government will be constituted and who has the power to take decisions.
- Third need: it places limits on the powers of the government and guarantees the rights of citizens.
- Conclude: it expresses the aspirations of the people to build a good society.
How was the South African constitution made? What lesson does it teach the world? (5 marks)
- Background: South Africa suffered under apartheid, a system of racial discrimination that denied non-whites their basic rights.
- Struggle: the ANC, led by Nelson Mandela, fought against apartheid; Mandela spent 28 years in prison.
- Turning point: on 26 April 1994 apartheid laws were repealed and a new democracy was born.
- The process: the oppressor (white government) and the oppressed (ANC) sat together as equals and negotiated a common constitution over two years.
- Lesson: it shows that even bitter enemies can reconcile and build a democracy where nobody is excluded.
Remember the Preamble values with the word “SSSDR” — Sovereign, Socialist, Secular, Democratic, Republic. And for the four promises use “JLEF” — Justice, Liberty, Equality, Fraternity. Two key dates rhyme as a pair: adopted in ’49, in effect in ’50.
Do not mix up the two key dates. The constitution was adopted on 26 November 1949 but came into effect on 26 January 1950 — only the second one is Republic Day. Also, remember that Dr. B.R. Ambedkar chaired the Drafting Committee while Dr. Rajendra Prasad was the President of the Constituent Assembly — these are two different roles. Always spell secular correctly and define it as “equal respect for all religions”.
Q1. What was apartheid? Describe its main features.
Answer: Apartheid was the official name of a system of racial discrimination unique to South Africa, imposed by the white European settlers. Under apartheid the population was divided by skin colour into whites, blacks, coloureds (mixed race) and Indians, and all non-whites were treated as inferiors. Non-whites did not have voting rights. They were forbidden to live in white areas and could not use the same public facilities — trains, buses, taxis, hotels, hospitals, schools, colleges, libraries, cinemas, theatres, beaches, swimming pools and toilets were all kept separate for whites and non-whites. This complete separation of races was called segregation, and it denied the black majority their basic human rights in their own country.
Q2. Why was the making of the Indian constitution a difficult task, and what circumstances helped the framers?
Answer: The making of the Indian constitution was difficult because India was a huge and extremely diverse country whose people spoke different languages, followed different religions and practised different cultures. The country had just been born through a painful partition on religious lines, which was traumatic for both India and Pakistan, and several princely states had yet to join the new nation. The people were also moving from being mere subjects to becoming citizens. However, some circumstances helped: there was a long and shared history of the freedom struggle, the leaders had experience of working colonial-era legislative institutions, and they could draw on the ideals of the French Revolution, British parliamentary democracy, the American Bill of Rights and the Russian Revolution — adapting each to Indian conditions.
Q3. What is the Constituent Assembly? Why should we accept the constitution it made so many years ago?
Answer: The Constituent Assembly was the body of elected representatives that drafted the constitution of India. Elections to it were held in July 1946, its first meeting was in December 1946, and it had 299 members. We should accept the constitution it made for several reasons. First, the Assembly represented the people of India, with members from all regions, religions and communities. Second, it worked on the principle of consensus and accommodation — decisions were taken after a great deal of deliberation and discussion rather than by majority force. Third, it carried the collective wisdom of distinguished leaders such as Dr. Rajendra Prasad, Dr. B.R. Ambedkar, Jawaharlal Nehru and Sardar Patel. Finally, the makers wisely provided ways to amend it, so it can be kept up to date.
Q4. What is the Preamble of the Indian Constitution? Explain the values it contains.
Answer: The Preamble is the introductory statement at the beginning of the constitution that sums up the philosophy and core values on which the whole document is based. It begins with the words “WE, THE PEOPLE OF INDIA”, showing that the constitution derives its authority from the people. It declares India to be a Sovereign nation (free to take its own decisions without outside interference), Socialist (wealth should be shared so as to reduce inequality), Secular (the state gives equal respect to all religions and citizens may follow any faith), Democratic (rulers are elected by the people who enjoy equal political rights) and a Republic (the head of state is elected, not a hereditary monarch). It promises every citizen Justice, Liberty, Equality and Fraternity. The Preamble is therefore often called the soul of the constitution.
- ✅ A constitution is the supreme law that builds trust, constitutes the government, limits its powers and states citizens’ rights and aspirations.
- ✅ South Africa overcame apartheid; under Nelson Mandela the oppressor and oppressed framed a common constitution (1994) admired worldwide.
- ✅ India’s constitution was drafted by the 299-member Constituent Assembly (elected 1946); adopted on 26 Nov 1949 and effective on 26 Jan 1950.
- ✅ Dr. Rajendra Prasad headed the Assembly and Dr. B.R. Ambedkar the Drafting Committee; the Preamble declares India Sovereign, Socialist, Secular, Democratic and a Republic, promising Justice, Liberty, Equality and Fraternity.
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