CONSTITUTIONAL DESIGN - Mind Map

CONSTITUTIONAL DESIGN

Nelson Mandela spent 28 years in prison raising his voice against apartheid

Constitution

A Set of rules that are accepted by the people of a country

Why do we need Constitution

It generates trust and co-ordiantion

It specifies how government is to be constituted, who will have the power to take decisions

It lays limits on powers of government and contains rights of citizens

It expresses the aspiration of people for creating a good society

Struggle against Apartheid

Apartheid is the policy of racial discrimination and segregation

Imposed by the Whites who settled in South Africa and later became rulers

Skin color was the basis of discrimination

3/4th of population:- Blacks

Colored:- Migrants from India

White :- Very small in number

Blacks and colored have no voting rights, had separate schools, hotels, beaches etc.

No rights to form associations or to protest

African National Congress led the struggle against segregation

Apartheid declared unjust by many countries

Whites continued their racist regime by detaining, torturing and killing "blacks" and "colored"

Towards a new Constitution

Struggles and protests made the White regime unstable

Policies changed, laws repealed, restrictions on media lifted

Mandela freed from prision

New Flags of South Africa unfurled, Apartheid ended

Blacks appealed to their fellows to forgive the Whites

Pledged to build a new South Africa based on democratic values

Both Blacks and Whites worked together for a common Constitution

South Africa became a model of democracy

The Path to Constitution

The constitution drafted by Motilal Nehru and Congress leaders in 1928 and the resolution of 1931 formed the basis of Indian Constitution.

Familiarity with Colonial political institution helped a lot, like the Government of India Act 1935

The French Revolution, The Bill of Rights in USA, The Socialist Revolution in Russia also inspired constitution framers

Making of the Indian Constitution

India got independence with a traumatic experience on partition. Princely states made the situation worse. They were given the choice to join the free India. The Constitution makers were anxious about the future of India.

The Constituent assembly

The Constituent Assembly formed in 1946 and had 389 members

After Partition, Indian Constituent Assembly has 299 members that drafted the document.

26th November:- Constitution adopted
26th November:- Constitution came into effect

Reasons for accepting Constitution made by the Constituent Assembly.

It reflects broad consensus of the People of India as a whole

No questioning on the legitimacy of constitution

Constituent Assembly ensured fair representation of all regions of India

Constituent Assembly worked in systematic, open and consensual manner

Broad discussion and debates before preparing a draft of rules

Every document and world spoken were recorded or preserved for future reference called "Constituent assembly Debates"

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