Constitutional Design

• The Constitution is the supreme law of the land, meaning that all other laws must conform to it.
• The Constitution establishes the structure and powers of government branches such as the executive, legislative, and judicial branches.
• It also outlines individual rights and liberties protected by the state.
• A constitutional amendment is a change made to a country's constitution, typically requiring a supermajority vote from both houses of parliament and approval from the president.
• A constitutional convention is an assembly called together to draft a new constitution or amendments to an existing one.
• Written constitutions are more common among new democracies seeking legitimacy through formal documents, while unwritten constitutions have evolved over time based on tradition and precedent.
• The Constitution provides mechanisms for amending or changing its provisions through a process called constitutional reform.
• It also outlines the rights and liberties of citizens, including freedom of speech, religion, press, assembly, and petition.
• Constitutions can be written or unwritten, with examples including the United States Constitution (written) and the British constitution (unwritten).
• Drafting of the Constitution

  Done by an assembly of elected representatives called the Constituent Assembly
• The first meeting of the Constituent Assembly was held in December 1946
• Nelson Mandela spent 28 years in South Africa’s most dreaded prison Robben Island
• The Apartheid system was particularly oppressive for the blacks as they were segregated in various aspects of life
• The South African constitution is considered noble for building a new South Africa on equality, extensive rights for citizens, and inclusivity in decision-making
• Constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed
• Difficulties faced during the making of the Indian Constitution included the transition from subjects to citizens, traumatic experiences due to partition, and the complexity of governing a diverse country like India
• Elections to the Constituent Assembly were held in July 1946
• We need a Constitution to establish the framework for governance, protect rights, and ensure accountability
• Preamble


  An introductory statement in a constitution which states the reasons and guiding values of the constitution
• The people of South Africa required a constitution to establish basic rules, ensure trust, define the rights of citizens, and prevent any government from ignoring these rules
• The people of South Africa struggled against the Apartheid system through protest marches, strikes, and the leadership of organizations like the African National Congress (ANC)
• Nelson Mandela's trial


  He was tried for treason by the white South African government
• Nelson Mandela was sentenced to life imprisonment in 1964 for daring to oppose the Apartheid regime in South Africa
• The British left it to the rulers of the princely states to decide whether to merge with India, with Pakistan, or remain independent
• The makers of the Constitution had anxieties about the present and the future of the country
• Constitutional amendments are changes made to the Constitution to keep it updated
• Reasons for accepting the Constitution made by the Assembly more than fifty years ago:
• Provisions were made in the Indian Constitution to incorporate changes from time to time, known as Constitutional amendments
• People of India were emerging from the status of subjects to that of citizens
• During the writing of the Constitution, the future of the country did not look as secure as it does today
• India was born through a partition based on religious differences, which was traumatic for the people of India and Pakistan
• Guiding values of the Indian Constitution are explained in the textbook
• Constitutional amendments are necessary to align with people's aspirations and changes in society
• India's independence was not an easy affair