This chapter examines the role of constitutions in democracies, why they are needed, and how they are created. It explores the South African constitution-making process as a democratic transition from apartheid and details the formation of the Indian Constitution, its guiding values, and institutional design.
Apartheid Era: Apartheid (1948-1989) was South Africa’s policy of racial segregation, denying Africans, Indians, and colored people voting rights and enforcing separate facilities (e.g., schools, toilets, churches). Blacks couldn’t form associations or protest.
Struggle Against Apartheid: Since 1950, the African National Congress (ANC), allied with unions and the Communist Party, led protests, strikes, and resistance. Sensitive Whites joined the struggle. International condemnation grew, but the regime detained, tortured, and killed thousands.
Nelson Mandela’s Role: Mandela, an ANC leader, was imprisoned for 27 years (1964-1992) for opposing apartheid. His vision was a democratic, free society with equal opportunities for all, as stated in his 1964 trial speech.
Transition to Democracy: By the 1990s, protests forced reforms. Discriminatory laws were repealed, political bans lifted, and Mandela was released. On April 26, 1994, South Africa became a multi-racial democracy with a new flag, ending apartheid.
Constitution-Making: The ANC and the apartheid regime negotiated a constitution (1994-1996), emphasizing reconciliation. The Constitution, one of the finest globally, granted extensive rights and aimed for equality, social justice, and inclusivity, transforming South Africa into a “rainbow nation.”
Mandela’s Reflection: Mandela emphasized mutual trust and the belief in human goodness as key to the peaceful transition, ensuring no one was excluded from solutions.
Purpose of a Constitution: A constitution is a set of written rules accepted by all citizens, defining government powers, citizens’ rights, and election processes. It builds trust among diverse groups, ensuring cooperation.
South African Context: Blacks sought majority rule and social-economic rights; Whites wanted to protect property. A compromise ensured one person, one vote, basic rights, and property safeguards, formalized in a supreme, unchangeable constitution.
Functions: A constitution:
Universality: All democratic countries (e.g., USA, France) have constitutions, as do non-democratic ones, but democratic constitutions ensure citizen participation. Associations like clubs or political parties also need constitutions.
Challenges: India’s Constitution was drafted amid partition violence (10 lakh deaths), religious divisions, and the uncertain integration of princely states. The future was insecure, unlike today.
Advantages: The freedom struggle built consensus on democratic values like universal adult franchise, equality, and minority rights, seen in the 1928 Motilal Nehru draft and 1931 Karachi Resolution.
Colonial Experience: Limited voting rights and weak legislatures under British rule (e.g., Government of India Act, 1935) provided institutional experience, adapted for India’s needs.
Global Influences: Leaders drew from the French Revolution (liberty), British parliamentary system, US Bill of Rights, and Russian socialism, but tailored them to India’s context.
Constituent Assembly: Formed in July 1946 with 299 members, it met from December 1946, adopting the Constitution on November 26, 1949, effective January 26, 1950 (Republic Day).
Key Members:
Assembly’s Diversity: Included non-Congress members (e.g., Shyama Prasad Mukherjee, Somnath Lahiri), diverse social groups (castes, religions, regions), and varied ideologies (socialism, Hindu nationalism, communism).
Process: The Assembly worked systematically, agreeing on principles, discussing drafts clause-by-clause over 114 days, considering over 2,000 amendments. Debates, preserved in 12 volumes, provide rationale for provisions.
Legitimacy: The Constitution’s broad consensus, diverse representation, and transparent process ensure its acceptance, unlike many countries where constitutions lack legitimacy.
Leaders’ Visions:
Common Idea: All emphasized equality and justice, though Gandhi focused on social harmony, Ambedkar on systemic inequality, and Nehru on national service.
Preamble: The Preamble outlines the Constitution’s philosophy, defining India as a Sovereign, Socialist, Secular, Democratic Republic, ensuring Justice, Liberty, Equality, and Fraternity.
| Key Term | Meaning |
|---|---|
| Sovereign | People have supreme decision-making power, free from external control. |
| Socialist | Wealth should be shared equally; government reduces socio-economic inequalities. |
| Secular | Equal respect for all religions; no official religion. |
| Democratic | People elect rulers, enjoy equal rights, and hold government accountable. |
| Republic | Elected head of state, not hereditary. |
| Justice | Eliminate discrimination; promote welfare for disadvantaged groups. |
| Liberty | Freedom of thought, expression, belief, faith, and worship. |
| Equality | Equal status and opportunity; end traditional inequalities. |
| Fraternity | Unity and dignity, treating all as family. |
Note: ‘Socialist’ and ‘Secular’ were added by the 42nd Amendment (1976).
Structure: The Constitution details institutional arrangements, defining government formation, powers, and citizen rights. It’s long and complex but amendable to reflect societal changes.
Amendments: Provisions allow constitutional amendments to keep it relevant, unlike static laws, ensuring it aligns with people’s aspirations.
Key Features: It outlines procedures for electing rulers, allocates powers, and sets limits via citizens’ inviolable rights, detailed in later chapters.
Constitution’s Role: A constitution builds trust, defines governance, protects rights, and expresses societal aspirations, essential for democracies.
South Africa: Transitioned from apartheid to democracy through a constitution emphasizing equality and reconciliation, inspiring globally.
India: Overcame partition and diversity challenges, drawing on freedom struggle consensus, colonial experience, and global ideas to create a legitimate, inclusive Constitution.
Values: The Preamble’s principles—Sovereignty, Socialism, Secularism, Democracy, Republic, Justice, Liberty, Equality, Fraternity—guide India’s democratic framework.