Constitutional Design

Nelson Mandela and seven other leaders sent for life imprisonment in 1964 for opposing the Apartheid regime.
Apartheid - Racial discrimination unique to South Africa
                  It divided and labelled people on the basis of their skin colour
                  Native people of South Africa - Black
                  People of mixed races - Coloured
                  Ruling society - White
Blacks were forbidden from living in white areas, could work in white areas only if they had a permit.
All services were separate for the Blacks & Whites, Blacks could not visit the Churches where the Whites worshiped, could not form associations or protest against the terrible treatment.
Since 1950 Blacks, Coloured and Indians fought under the leadership of African National Congress, included many worker unions and Communist Party. Several countries supported them.

How the Apartheid came to an end ?
Due to increasing international pressure the white regime was forced to change its policies. Discriminatory laws, ban on political parties and restrictions on the media were lifted.
Nelson Mandela was freed after 28 years.
26 April 1994, the Apartheid government came to an end, the new national flag of the Republic of S.Africa was unfurled.

Special Features of S.African Constitution
Party that ruled through oppression and brutal killings and the party that led the freedom struggle sat together to draw up a common constitution.
One of the finest Constitutions, citizens have the most extensive rights available in any country.
A State denounced by the entire world till recently as the most undemocratic one is now seen as a model of democracy.
Why do we need a Constitution ?
To build and maintain a trust between various diverse groups
To determine what the elected governments are empowered to do and what they cannot do.
Rights of the Citizen
A Constitution
Set of written laws
Determines relationship among peoples, between people and the government
Generates a degree of tract and coordination
Specifies how government will be constituted, division of power
Limits on the power of the government, ensures Rights of the Citizens
Aspirations of the people
Making of the Indian Constitution was a Difficult Task
Huge and diverse country
People emerging from the status of subject to that of citizens
Partition on the basis of religious difference
Merger of Princely States with Indian Union
Anxieties about the present and the future
The path to the Constitution
1928 - Motilal Nehru and 8 other leaders drafted a Constitution
1931 - Document at Karachi session, on how independent India's Constitution should look like
Familiarity with political institutions of colonial rule
Experience of Indians in the working of the legislative institutions
Ideals of French, US, British and Russian Revolutions
Drafting of the Constitution
Elected representatives called the Constituent Assembly
Election held in December 1946
Members of the Constituent Assembly - 299
Adoption of Constitution - 26. November. 1949
Enacted on 26.January.1950
Why we should accept a Constitution made more then 50 years ago
It expresses a broad consensus of its time
No large social group or political party has ever questioned the legitimacy of the Constitution itself
A fair geographical/social share of members from all regions of the country
Manner in which the Constituent Assembly worked gives sanctity to the Constitution
Preamble
Basic value/philosophy on which the entire constitution has been built, soul of the Indian Constitution

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.

Institutional Design
Constitutional Amendment Process

Article 368 of Constitution deals with procedure of amendment of the Constitution. The Constitution can be amended in three different ways :-

(a) Some categories of amendment like creation of new States, creation or abolition of second chamber of the States, changes in the citizenship, etc., require only a simple majority in both the Houses of the Union Parliament. In this case amendment of the Constitution is made in a flexible manner.

(b) Certain other provisions of the Constitution in order to be amended, require a majority of the total membership in each House of Parliament and a majority of not less than two-thirds of the members present and voting in each House of parliament. The bulk of the Constitution can be amended in this way.

(c) Certain categories of amendment like the Presidential powers and mode of election, the extent of the Executive and Legislative Powers of the Union or the States, the provision regarding the Supreme Court and the High Court, the representation of States in Parliament etc. require :-

1. A majority of the total membership in each House of Parliament.
2. A majority of not less than two-thirds of all the members present and voting in each House of Parliament, and
3. Ratification by the legislatures of at least one half of the States.

  Constitution lays down a procedure for choosing persons to govern the country. It defines who will have how much power to take which decisions. Puts limits to what the government can do by providing some rights to the citizens that cannot be violated.