Here I am going to provide you CBSE Class 9 Political Science Chapter 2 Notes – Constitutional Design You can also Download PDF of these notes. The chapter "Constitutional Design", explains how a democratic constitution is framed, focusing on India’s journey after independence. It discusses the values behind the Indian Constitution, the role of the Constituent Assembly, and key features like equality, justice, and freedom. The chapter uses South Africa's transition as a comparative example. By going through Constitutional Design Class 9 Notes you will acquire a better command on this chapter. So, use these notes and do your best!!
Democratic Constitution in South Africa
The Journey from Apartheid to Democracy
South Africa's path to democracy is one of the most inspiring and painful transformations in modern history. For years, the country was under the cruel grip of apartheid – a system of racial discrimination enforced by the white minority government against the black majority population.
Under apartheid:
- People were classified by race – white, black, coloured, and Indian.
- Non-whites had no political rights.
- Black people could not live in white areas, use the same transport, or attend the same schools.
- Inter-racial marriages were illegal.
- The government used brutal force to silence protests.
Despite this oppression, resistance grew. One of the key leaders of the anti-apartheid movement was Nelson Mandela, who spent 28 years in prison for fighting against racial injustice.
The Birth of a Democratic South Africa
The intense struggle eventually forced the apartheid regime to reconsider. In 1994, apartheid officially ended, and Nelson Mandela became the first black President of South Africa. This marked the beginning of a new democratic nation.
But the transition wasn’t just about electing a leader – it was about healing the nation. South Africans knew they had to build a society where people of all races were equal. The key to this was drafting a new Constitution.
Making the Constitution: A Historic Compromise
The Constitution of South Africa wasn’t written overnight. It was the result of:
- Long negotiations between different racial groups
- A mutual commitment to peace and equality
- The vision of a future free from revenge and hatred
Instead of punishing the white minority for years of injustice, the new leadership decided to forgive and move forward – a powerful symbol of unity. This led to one of the most democratic constitutions in the world.
Key Features of South Africa’s Constitution
- Equality for All: Every citizen has equal rights, regardless of race, religion, or gender.
- Democratic Government: Every adult citizen has the right to vote and participate in governance.
- Protection of Rights: Freedom of expression, religion, and movement are guaranteed.
- Rule of Law: No one is above the law – not even the President.
- Commitment to Social Justice: Steps were taken to reduce inequality and uplift the previously oppressed.
Why It Inspires Us
The story of South Africa shows us that:
- Change is possible, even in the most unjust systems.
- Democracy thrives when people believe in the power of dialogue over violence.
- A good Constitution reflects the hopes and values of its people.
Why Do We Need a Constitution?
Understanding the Role of a Constitution
A Constitution is more than just a book of rules. It is the soul of a democratic country—a living document that lays the foundation of the political, legal, and social structure of a nation. It defines how the country will be governed, the rights of its people, and the limits of power.
But why exactly do we need a Constitution? Let’s explore this with examples and explanations:
1. Lays Out Ideals and Values of the Nation
A Constitution reflects the fundamental ideals that the citizens of a country believe in. These may include liberty, equality, justice, secularism, and democracy. It acts as a moral guide and a framework for nation-building.
Example: After the end of apartheid in South Africa, citizens needed a document to define their shared vision for a free and equal society. The Constitution helped unite a divided population.
2. Defines the Nature of a Country’s Political System
It provides clarity about the type of government the country will have—parliamentary or presidential, democratic or authoritarian, federal or unitary.
Example: India is a sovereign, socialist, secular, democratic republic, and our Constitution ensures that power lies with the people.
3. Limits the Powers of the Government
Without a Constitution, those in power can easily become dictators. The Constitution places checks and balances on the powers of different organs of the government (executive, legislature, judiciary), preventing misuse of authority.
Example: Even the Prime Minister or the President cannot act beyond what the Constitution permits.
4. Safeguards the Rights of Citizens
The Constitution acts as a protector of individual liberty. It guarantees Fundamental Rights like:
- Right to Equality
- Right to Freedom
- Right to Education
- Right against Exploitation
- Right to Freedom of Religion
- Right to Constitutional Remedies
These rights ensure dignity and freedom for every citizen and protect minorities and vulnerable groups.
Example: If someone is discriminated against on the basis of caste or religion, they can approach the court for justice under the Constitution.
5. Expresses the Aspirations of the People
It captures the hopes, dreams, and aspirations of people. For a newly independent nation like India, drafting a Constitution was a way to imagine the kind of society citizens wanted to build—a nation rooted in democracy, equality, and justice.
Example: Our Preamble itself begins with “We, the people of India…” showing that the Constitution is made by and for the people.
6. Provides a Peaceful Way of Resolving Disputes
In a diverse country like India, there can be conflicts based on language, religion, caste, or region. The Constitution provides legal mechanisms to handle such disputes peacefully and fairly.
Example: If there is a conflict between two states over a river, the matter is resolved in court based on constitutional provisions.
Making of the Indian Constitution
Introduction: The Birth of a Constitution
When India became independent on 15 August 1947, it was not just about celebrating freedom from British rule—it was also about laying the foundation for a new nation. A nation with deep social divisions, economic inequality, and diversity of religion, language, and region needed a visionary document that could unite the people and guide the country forward.
That document was the Constitution of India—the supreme law of the land, guiding all other laws and policies.
But this Constitution didn’t appear overnight. It was the result of long discussions, debates, and efforts by some of the greatest minds of the time.
Who Made the Indian Constitution?
India’s Constitution was drafted by a body called the Constituent Assembly. This Assembly was not elected directly by the people in the beginning, but its members represented every region, religion, and social group of India.
- The Assembly first met on 9 December 1946.
- It had 299 members after the partition.
- Members included lawyers, politicians, teachers, social workers, and even common people who were committed to the nation.
- Dr. Rajendra Prasad was elected as its President.
- Dr. B.R. Ambedkar, the chief architect of the Constitution, headed the Drafting Committee.
This Assembly worked like a mini-parliament and discussed every detail before finalizing the Constitution.
Guiding Principles Behind the Constitution
The Constitution was not just about rules; it was about values. These values were inspired by:
1. The Struggle for Freedom
- Our freedom fighters had imagined a nation based on justice, equality, and dignity.
- These values were rooted in the national movement.
2. Experiences with British Rule
- The harsh laws under colonialism taught the leaders the importance of civil liberties and rule of law.
3. Global Influences
- The makers learned from other constitutions:
- Parliamentary system from the UK
- Fundamental Rights from the USA
- Directive Principles from Ireland
- Soviet ideas of equality
- Weimar Constitution of Germany
The Objectives Resolution
Before drafting the Constitution, Jawaharlal Nehru presented the Objectives Resolution on 13 December 1946. It outlined the core principles and philosophy the Constitution would be based on.
Key points of the Resolution:
- India will be a sovereign, democratic republic.
- It will guarantee justice, equality, and freedom.
- It will protect the rights of minorities and backward communities.
This Resolution later became the Preamble of the Indian Constitution—a summary of its spirit.
The Final Constitution
- The final draft was adopted on 26 November 1949.
- It came into effect on 26 January 1950, celebrated today as Republic Day.
- The Constitution had 395 Articles, 8 Schedules, and over 22 parts at the time of its adoption.
India’s Constitution is now one of the longest and most detailed in the world.
Why Was Our Constitution Special?
India’s Constitution was different from many others because:
1. It was made in extraordinary conditions
- India was facing partition, communal violence, and the challenge of uniting over 500 princely states.
2. It included everyone’s voice
- The poor, women, Dalits, minorities—all had a place in the Constitution’s vision.
3. It was rooted in the people’s struggle
- Unlike Western constitutions that emerged from revolutions or wars, ours came from a mass democratic movement.
The Constituent Assembly: The Birthplace of Indian Democracy
What Was the Constituent Assembly?
The Constituent Assembly was the body responsible for drafting the Constitution of India. It was not randomly selected; its formation had a deep political and historical background.
- The idea of a Constitution for India was first raised in 1934 by M.N. Roy, a pioneer of communist thought in India.
- The Indian National Congress, through the Karachi Session in 1931, also demanded a written Constitution.
In 1946, the British Government agreed to set up a Constituent Assembly to draft the Indian Constitution.
Composition of the Constituent Assembly
- Initially, the Assembly had 389 members.
- After the Partition of India, the number reduced to 299.
- Members were elected by the Provincial Legislative Assemblies, not by direct public vote.
- However, the Assembly had wide representation from all sections of society: Hindus, Muslims, Sikhs, Christians, Scheduled Castes, Tribes, and women.
This made it broadly representative, though not fully democratic in the modern sense.
Key Members of the Constituent Assembly
The Constituent Assembly included some of the most respected and visionary leaders of India:
- Dr. Rajendra Prasad – Elected as the President of the Assembly.
- Dr. B.R. Ambedkar – Appointed as the Chairman of the Drafting Committee. He played a key role in shaping the final document and is often called the Father of the Indian Constitution.
- Jawaharlal Nehru – Introduced the Objectives Resolution, which outlined the vision of the Constitution.
- Sardar Vallabhbhai Patel, Maulana Azad, Shyama Prasad Mukherjee, Sarojini Naidu, and Hansa Mehta were also prominent members.
The Working of the Assembly
The Constituent Assembly worked in a systematic, democratic, and transparent manner.
- It held 11 sessions over nearly three years – from December 1946 to November 1949.
- The Assembly sat for 165 days, entirely devoted to thorough debate.
- Every provision of the Constitution was discussed in detail.
- Debates were recorded and printed, making them accessible to the public.
- Members showed a deep spirit of cooperation, even when they disagreed ideologically.
Despite the communal tensions and partition-related violence, the Assembly showed political maturity and unity.
Why Was the Constituent Assembly Important?
- Inclusivity: Though not directly elected by the people, the Assembly represented a wide cross-section of Indian society.
- Democratic Spirit: Every clause was debated openly and changes were made after consensus.
- Visionary Outlook: The Assembly worked not only for present-day needs but also for India’s future.
- Foundation of Unity: In a time of partition and division, the Assembly brought people together through shared values and aspirations.
The Preamble to the Constitution: India’s Guiding Light
The Preamble of the Indian Constitution is more than just a preface; it is the soul of the Constitution, reflecting its ideals, vision, and philosophy. It tells us what the Constitution stands for and the kind of country we aim to build.
Let’s break it down to understand its meaning, importance, and significance in the context of India’s democratic structure.
What is a Preamble?
The Preamble is an introductory statement in the Constitution that explains the source of authority and the core values that the Constitution seeks to uphold. It captures the essence of the Constitution and is like a blueprint of the nation's goals.
It was inspired by the Objectives Resolution moved by Jawaharlal Nehru and adopted by the Constituent Assembly in 1947, two years before the Constitution came into effect.
The Preamble Text
Here’s how the Preamble of India reads:
“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.”
Detailed Explanation of Key Terms in the Preamble
We, the People of India
This phrase highlights the principle of popular sovereignty. It means the Constitution gets its authority from the people, not from any king or colonial ruler. The Indian people are the ultimate source of power, and the government exists to serve them.
Sovereign
India is completely independent. It is free to take decisions regarding its internal and external matters without interference from any foreign power. This sovereignty was a long-fought dream during colonial rule.
Socialist
The term "socialist" was added to the Preamble in 1976 by the 42nd Amendment. It reflects the commitment to reduce inequality in income, status, and standard of living. It does not mean state ownership of all industries, but it does mean the state must work for the welfare of all, especially the poor and marginalized.
Secular
Also added in 1976, this term means that India has no official religion. The state treats all religions with equal respect and does not favor or discriminate against any religion. Every citizen has the freedom to practice, profess, and propagate any religion—or choose not to follow any.
Democratic
India is a democracy, meaning the government is elected by the people. Citizens have the right to vote, criticize the government, participate in protests, and express their views freely. The leaders are accountable to the people, and power changes through peaceful elections.
Republic
India is a Republic, which means the head of the state (the President) is elected, not a hereditary monarch. This reflects a government of the people and for the people.
The Four Pillars of Indian Democracy
1. Justice (Social, Economic, Political)
- Social Justice: No discrimination based on caste, gender, religion, or economic background.
- Economic Justice: Fair distribution of wealth and equal pay for equal work.
- Political Justice: All citizens have equal rights in the political process, such as the right to vote.
2. Liberty (of Thought, Expression, Belief, Faith, and Worship)
Citizens are free to think, speak, and follow their own beliefs. There is freedom of religion and expression, which are essential for a vibrant democracy.
3. Equality (of Status and Opportunity)
Everyone is equal before the law. There is no special privilege for anyone, and the state must treat every individual equally. It also means providing equal chances for success.
4. Fraternity (Dignity of the Individual and Unity and Integrity of the Nation)
Fraternity refers to brotherhood. It promotes a feeling of unity among citizens despite differences in language, religion, region, or culture. It also means that each person’s dignity is respected.
The Importance of the Preamble
- The Preamble serves as a summary of the Constitution.
- It provides guidance to interpret laws and government actions.
- Even though the Preamble is not legally enforceable, the Supreme Court recognizes its importance in interpreting the Constitution.
- It acts as the foundation upon which all rights, duties, and policies are built.
Glossary
| Term | Meaning |
|---|---|
| Constitution | A written document that lays down the framework for the political system, fundamental rights, duties, and the powers and functions of government institutions. |
| Apartheid | A system of institutionalized racial segregation and discrimination practiced in South Africa until the early 1990s. |
| Democratic Constitution | A constitution that is made based on the principles of democracy, representing the will of the people. |
| Assembly (Constituent Assembly) | A body of elected representatives responsible for drafting or framing the constitution. In India, it was formed in 1946. |
| Preamble | The introductory statement to the Constitution that outlines its guiding principles such as Justice, Liberty, Equality, and Fraternity. |
| Equality | The principle of treating all individuals as equal under the law without discrimination. |
| Justice | Ensuring fair treatment and providing protection of rights for all citizens—social, economic, and political. |
| Secularism | The principle of separating religion from the State. India does not favor or discriminate against any religion. |
| Sovereign | India is free to make its own laws and decisions without external interference. |
| Republic | A form of government in which the head of state is elected, not a hereditary monarch. |
| Liberty | Freedom of thought, expression, belief, faith, and worship granted to all citizens. |
| Fraternity | The feeling of brotherhood and unity among all citizens, promoting harmony. |
| Universal Adult Franchise | The right of every adult citizen to vote in elections regardless of caste, gender, or education. |
| Rule of Law | The principle that all individuals and institutions are accountable to the law and no one is above it. |
| Minority Rights | Rights specifically provided to protect the interests of religious, cultural, and linguistic minorities. |
