CONSTITUTIONAL DESIGN

 The constitution means some fundamental laws which are used to control the administration of a country.

 Democratic constitution in South Africa:
 Apartheid was a system of racial discrimination on the basis of skin colour was practiced in South Africa by white
Europeans.
 In south Africa entire society divided into many group according to race and complexion:
Whites – Europeans; Blacks – Natives; Coloured – People from mixed race; Indians – Migrated Indians.
 Social segregation practiced in Apartheid system:
1. Blacks, Cloured and Indians could not live in white areas.
2. They could work in white areas only if they had permit.
3. Trains, bus, hotels, hospitals, schools, cinema halls, sea beaches, public toilet all are separate for whites and blacks.
4. Blacks and other inferior group could not visit the churches where whites worshipped.
 People from all inferior group setup a movement against these discriminations and organized them under African
National Congress.
 As protest and struggle against apartheid system had increased the white government changed its policies.
1. Discriminatory laws were withdrawn.
2. Ban on political parties and restriction on media were lifted.
3. After 28 years of imprisonment Nelson Mandela released out from jail.
4. At the mid night of 26th April 1994 the new national flag of Republic of South Africa was unfolded.
 After formation of new republic both blacks and whites had to do some compromise.
1. The whites agreed to the principle of majority rule and one person one vote policy.
2. Whites accepted some basic rights for the poor and workers.
3. Blacks agreed that majority would not take away the property of white minority.
 Topics mentioned in constitution:
1. How the rulers are to be choosen in future.
2. It also determines what the elected governments are empowered to do and what they cannot do.
3. It decides the rights of citizen.
4. Some basic rules are supreme which cannot be change by any government.
 Function of Constitution:
1. It generates a degree of trust and coordination that is necessary for different kind of people to live together.
2. It specifies how the government will be constituted who will have power to take which decisions.
3. It lays down limits on the powers of the government and tells us what the rights of the citizens are.
4. It expresses the aspirations of the people about creating a good society.

 Constitution of India:
 In 1928 Motilal Nehru and eight other congress leaders drafted a constitution for India.
 An idea for a Constituent Assembly of India was proposed in 1934 by M. N. Roy
 Demand for constituent assembly became an official demand of the Indian National Congress in 1935.
 The Government of India Act came to India in 1935 but came into force in 1937.
 Due to protest of Muslim League Government of India Act had sent back in 1939.
 The Cabinet Mission Plan setup in India in 1946. There were three members of that cabinet:
1. Frederick Pethick Lawrence (Chairman); 2. A.V. Alexander; 3. Stafford Crips
 Under the Cabinet Mission Plan of 1946, elections were held for the first time for the Constituent Assembly.
 There were total 389 members in constituent assembly. 292 members were elected directly by elected members of
provincial legislative assemblies. 93 members were nominated princely states and 4 members were also nominated by
chief commissioner provinces of Delhi, Coorg, Baluchistan and Ajmer.
 The Constitution of India was drafted by the Constituent Assembly, and it was implemented under the Cabinet Mission
Plan on 16 May 1946.
 Sessions of Constituent Assembly:
 1st Session: It started in 9th December 1946 in Delhi.
Sachidanand Sinha was elected as non permanent president of assembly.
Dr. Rajendra Prasad was elected as permanent president of assembly in 11th December
B.N. Rao elected as adviser on 11th December
Jawharlal Nehru proposed for a preamble on 13th December, 1946.
 2 Session:
nd
It started on 20th January 1947.
 Harendra Kumar Mukherjee was elected as vice president of assembly on 20th January.
Preamble was adopted by assembly on 22nd January 1947.
 3 Session:
rd
It started on 24th April 1947.
22 committees were established.
 4 Session:
th
It started on 14th July 1947.
 5 Session:
th
It Started on 14th August 1947.
India was dissolved in two separate countries.
Drafting committee was appointed on 29th August.
Members of Drafting Committee: Dr B. R. Ambedkar - Chairman
K. M. Munshi
Alladi Krishnaswamy Iyer
N. Gopalaswami Ayengar
B. L. Mitter
Md. Saadullah
D. P. Khaitan
 After separation of two countries member of constituent assembly remain 299.
 6th Session: It started in 27th January 1948.
Drafting committee prepared its draft constitution on February 1948.
 7th Session: It started on 4th November 1948.
 8 Session:
th
It started on 16th May 1949.
 9 Session:
th
It started on 30th July 1949.
 10th Session: It started on 6th October 1949.
 11 Session:
th
It started on 14th November 1949.
The Indian Constitution adopted by assembly on 26th November 1949.
Indian Constitution came into force in 26th January 1950.
 Total time taken to make our constitution 2 years 11 months 18 days.
 Total expenditure for making of constitution was approximately 64 lakh rupees.
 Preamble is the introductory part of the constitution.
 The concept of preamble is taken from USA
 Languages of preamble are taken from France.
 Federalism: It refers to the existence of more than one level of government in the country.
 Democracy: People can participate in government activity.
 Sovereignty: It denotes that India is free from any type of external control.
 Republic (parliamentary form of government): Highest unit of the administration must be elected
 Secular: Equal respect, equal protection to all religion by the government
 Socialist: States will secure of all citizen’s social, political, and economical justice.
 Equality: All are equal eyes of law.
 Secularism: Equal respect, equal protection to all religion by the government
 Fraternity: It also known as brotherhood, enjoyed by foreigners also.