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Chapter Analysis
Beginner15 pages • EnglishQuick Summary
The chapter on Constitutional Design explores the necessity and process of creating a constitution in a democratic state, particularly focusing on South Africa and India. It discusses the role of a constitution in establishing the fundamental laws and rights that guide governance and societal interaction. The chapter further examines the Indian national movement's influence on its constitutional framework and compares the democratic journeys of India and South Africa.
Key Topics
- •Constitutional design
- •Role of the Constituent Assembly
- •Preamble and constitutional principles
- •Democratic processes in constitution-making
- •Comparison of Indian and South African constitutions
- •Challenges in drafting a constitution
- •Philosophical underpinnings of the Indian Constitution
- •Amendment procedures
Learning Objectives
- ✓Understand the need and purpose of a constitution in a democracy
- ✓Identify the processes involved in constitution-making
- ✓Compare different constitutional frameworks, such as those of India and South Africa
- ✓Analyze the Preamble and its significance to the Indian Constitution
- ✓Recognize the key values and principles enshrined in a democratic constitution
- ✓Explore the role of historical contexts in shaping constitutional provisions
Questions in Chapter
Here are some false statements. Identify the mistake in each case and rewrite these correctly based on what you have read in this chapter. a. Leaders of the freedom movement had an open mind about whether the country should be democratic or not after independence. b. Members of the Constituent Assembly of India held the same views on all provisions of the Constitution. c. A country that has a constitution must be a democracy. d. Constitution cannot be amended because it is the supreme law of a country.
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Which of these was the most salient underlying conflict in the making of a democratic constitution in South Africa?
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Which of these is a provision that a democratic constitution does not have?
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Match the following leaders with their roles in the making of the Constitution:
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Read again the extracts from Nehru's speech ‘Tryst with Destiny’ and answer the following: a. Why did Nehru use the expression “not wholly or in full measure” in the first sentence? b. What pledge did he want the makers of the Indian Constitution to take? c. “The ambition of the greatest man of our generation has been to wipe every tear from every eye”. Who was he referring to?
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Here are some of the guiding values of the Constitution and their meaning. Rewrite them by matching them correctly.
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How did your school celebrate the Constitution Day on November 26th? Prepare a brief report.
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Here are different opinions about what made India a democracy. How much importance would you give to each of these factors?
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Do you think the values expressed in this para reflected the values underlying our constitution? Or does this go against the constitutional values?
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Read the following statements about a constitution. Give reasons why each of these is true or not true.
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Additional Practice Questions
What are the main philosophical principles outlined in the Preamble to the Constitution of India?
easyAnswer: The Preamble outlines principles such as Justice, Liberty, Equality, Fraternity, and the Sovereign Socialist Secular Democratic Republic nature of the nation.
Explain the role of the Constituent Assembly in India’s constitutional design.
mediumAnswer: The Constituent Assembly was responsible for drafting the Constitution of India through a systematic process of debates and discussions, involving representatives elected from various social, political, and geographical backgrounds.
Discuss how the constitutional design process in South Africa differed from that in India.
mediumAnswer: South Africa's constitution was designed amidst racial divides and aimed at reconciliation, whereas India's was crafted following independence from colonial rule, focusing on unity and integration post-partition.
In what ways can a constitution be amended according to democratic principles?
hardAnswer: Democratic constitutions often include provisions for amendments that involve legislative procedures or referendums, ensuring changes reflect the people's current needs and opinions.
What lessons can contemporary democracies learn from the constitution-making process of India?
hardAnswer: Contemporary democracies can learn from India's inclusive approach, where diverse opinions were integrated, and the emphasis was on balancing fundamental rights with state duties and responsibilities.