CHAPTER-2

CONSTITUTIONAL
DESIGN
OVERVIEW

● In a democracy the rulers are not free to do what they like.

● There are certain basic rules that the citizens and the government have to follow. All such
rules together are called constitution.

● As the supreme law of the country, the constitution determines the rights of citizens, the
powers of the government and how the government should function.

Basic questions : About the constitutional design of a democracy and why do we need a
constitution? How are the constitutions drawn up? Who designs them and in what way? What
are the values that shape the constitutions in democratic states? Once a constitution is
accepted, can we make changes later as required by the changing conditions?
DEMOCRATIC CONSTITUTION IN SOUTH AFRICA

“I have fought against white domination and I have

fought against black domination. I have cherished
the ideal of a democratic and free society in which
all persons live together in harmony and with equal
opportunities. It is an ideal which I hope to live for
and to achieve. But if needs be, it is an ideal for
which I am prepared to die.”
● In 1964, Nelson Mandela and seven other leaders were sentenced to life
imprisonment for daring to oppose the apartheid regime in his country.
● Apartheid was the name of a system of racial discrimination unique to South
Africa. The system of apartheid divided the people and labelled them on the
basis of their skin colour.
● This system was particularly oppressive for the Blacks and they were forbidden
from living in white area.
● Trains, buses, taxis, hotels, hospitals, schools and colleges, libraries, cinema
halls, theatres, beaches, swimming pools, public toilets, were all separate for
the whites and blacks. This was called segregation.
● Since 1950, the blacks, colored and Indians fought against the apartheid
system.
● The African National Congress (ANC) was the umbrella organization that led
the struggle against the policies of segregation.
A signboard emblematic of
the tense relations of the
apartheid era, 1953.
Sign on Durban beach in English,
Afrikaans and Zulu In English it
reads: ‘CITY OF DURBAN Under
section 37 of the Durban beach
by-laws, this bathing area is
reserved for the sole use of
members of the white race group’.
 ● As protests and struggles increased, the white rulers realised that they could
no longer keep the Blacks under their rule by limiting freedoms of blacks

● After spending 28 years in jail, Nelson Mandela became a free prison.

Finally at the midnight of 26h April, 1994, the new democratic state of the
Republic of South Africa emerged.

● The apartheid government came to an end paving way for the formation of a
multi-racial government.

● Mandela became the first Black President of South Africa. The Black leaders
appealed to fellow blacks to forgive the Whites for their cruel treatment and
after debates and discussions of two years, the Blacks and Whites sat
together and made one of the finest Constitutions of the world.

Now, South Africa is seen as a model of democracy.

Constitution of a country is a set of written rules that are accepted by all people
together in a country. Constitution is the supreme law that determines the relati
among people living in a territory (called citizens) and also the relationship betw
people and government. A constitution does many things:

● First, it generates a degree of trust and coordination that is necessary for different k
live together;

● Second, it specifies how the government will be constituted, who will have powe
decisions;

● Third, it lays down limits on the powers of the government and tells us what the righ
are; and

● Fourth, it expresses the aspirations of the people about creating a good society.
PHILOSOPHY OF THE CONSTITUTION

It contains the philosophy on which the entire

Constitution has been built. It provides a
standard to examine and evaluate any law
and action of government, to find out whether
it is good or bad. It is the soul of the Indian
Constitution.
The terms ‘Socialist’ and
‘Secular’ were added in
Preamble through the 42nd
Constitutional Amendment
in 1976