Tiêu đề Chapter 2 Constitutional Design.pdf ✅

CIVICS Chapter 2: Constitutional Designs
(1) CONSTITUTIONAL DESIGNS 02 Constitutional Designs South Africa – From Apartheid to the Formulation of the Constitution The Constitution can be defined as the set of rules and laws which the citizens and the Government have to follow. It is the supreme law of the country. It lays down the rights and the freedoms of the citizens and the power and the responsibilities of the Government. The Policy of Apartheid • Apartheid refers to the racial discrimination on the basis of the colour of skin. Many Europeans had settled in South Africa during the seventeenth and the eighteenth centuries. • These white Europeans began to rule the country. They followed the policy of apartheid in which the natives called „blacks‟ and the coloured (people of mixed • races and Indians) were treated as inferiors. • The blacks and the coloured people could not live in the areas inhabited by the whites. They could work in these areas only if they had the permit to work in the white areas. • Swimming pools, libraries, cinema halls, beaches and colleges were all separate for the whites and the blacks. The coloured and the blacks could not even enter into churches • which were reserved for the whites. Non-whites also did not have the right to vote. • The blacks and the Indians began to raise their voice against the oppressive apartheid policy. The African National Congress led the struggle against the apartheid policy. Many whites who opposed the policy of apartheid also joined this organisation and protested against the policies of the white Government. Nelson Mandela led the struggle of the non-whites against the South African Government. • The South African Government detained, tortured and killed many protestors and continued to rule. Nelson Mandela was detained and sent to prison for a period of 28 years by the Government. • By 1994, the Government realised that it will not be possible to rule South Africa, and thus, the white Government changed its policies. All discriminatory laws were repealed, and
(2) CONSTITUTIONAL DESIGNS 02 freedom of speech and expression was granted to the people. Nelson Mandela was liberated from prison, and he became the President of South Africa. South Africa – Drawing of the Constitution The whites, blacks and coloured population of the country together formulated the Constitution of the country. They decided that every section of society should be part of the Constitution and should get equal rights. Some negotiations among the South Africans which became the basis of the South African Constitution are • The whites agreed to the principle of majority rule and the concept of one person having one vote. • The blacks agreed that the majority rule would not be absolute, and the rights of the minority will not be taken away. • The Constitution further defined the way the Government was to be elected and its functions. • The rights and the freedoms of the citizens were laid down. Necessity of the Constitution A Constitution is necessary because of the following reasons:
(3) CONSTITUTIONAL DESIGNS 02 • It is an important law of the land. It determines the relationship of the citizens with the governments. • It lays down principles and guidelines which are required for people belonging to different ethnic and religious groups to live in harmony. • It specifies on how the Government would be elected and who will have the power and the responsibility to take important decisions. • It outlines the limits on the power of the Government and tells us about the rights of the citizens. • It expresses the aspirations of the people about creating a good society. Making of the Constitution of India It was not easy for the framers of our Constitution to draw a constitution because of the following reasons: • India was a large country which was inhabited by various diversified communities. • India had just become independent from the colonial rule and Indians had experienced the pain and trauma which was related to the partition of the country. • The British had drafted the instrument of accession according to which the princely states were free to decide if they wanted to remain as a part of India or join Pakistan or to remain independent. This was a threat to the unity of our country. • The framers of the Constitution also had anxieties about the present and the future of the country. Motilal Nehru