Constitutional Design with notes (हिंदी में) || Class 9 Chapter 3 Political Science ||


Chapter - 3
CONSTITUTIONAL DESIGN
DEMOCRATIC CONSTITUTION IN SOUTH AFRICA
1.       Nelson Mandela was sued (मुक़दमा चलाना) for treason (देशद्रोह) by the white South African government
2.       He and seven other leaders were sentenced (सज़ा देना) to life imprisonment (कैद) in 1964 for opposing (विरोध करना) the apartheid (रंगभेद) regime (शासन) in his country.
3.       He spent the next 28 years in South Africa’s most dreaded (डरावना) prison (कैद), Robben Island.
Struggle against apartheid
1.       Apartheid (रंगभेद) was the racial (जातीय) discrimination (भेदभाव) unique to South Africa.
2.       The white Europeans imposed (थोपना) this system on South Africa.
3.       During the 17th and 18th centuries, the trading companies from Europe occupied it with arms (हथियार) and force, as they occupied India.
4.       But a large number of ‘whites’ had settled in South Africa and became the local rulers
5.       The system of apartheid divided the people according to skin colour.
6.       The native (मूल निवासी) people of South Africa are black in colour.
7.       They made up about 3/4th of the population and were called ‘blacks’.
8.       There were 3rd group of people of mixed races (जाति) who were called ‘coloured’ and people who migrated (एक जगह छोड़कर दूसरे को जाना) from India.
9.       The white rulers treated all nonwhites as inferiors (नीचा).
10.   The non-whites did not have voting rights.
11.   Blacks were not allowed to live in white areas.
12.   They could work in white areas only if they had permission.
13.   Trains, buses, taxis, hotels, hospitals, schools and colleges, libraries, cinema halls, theatres, beaches, swimming pools, public toilets, were all separate (अलग) for the whites and blacks.
14.   This was called segregation (पृथकतावाद or अकेलापन).
15.   Blacks and whites had separate churches.
16.   Blacks could not form associations (संघ) or protest (विरोध करना) against the terrible (ख़ौफ़नाक) treatment.
17.   Those who protested were killed or sent to jail.
18.   Since 1950, the blacks coloured and Indians fought against the apartheid system.
19.   The African National Congress (ANC) led the struggle against the policies of segregation.
20.   This included many workers’ unions and the Communist Party.
21.   Many whites also joined the ANC to oppose (विरोध करना) apartheid and played a leading role in this struggle.
22.   Several countries criticized (निंदा करना) apartheid system.
23.   But the white racist (जातिवादी) government continued to rule by torturing and killing thousands of black and coloured people.
              




Towards a new constitution
1.       As protests and struggles against apartheid had increased, the government realised that they could no longer keep the blacks under their control.
2.       The white regime (प्रशासन) changed its policies.
3.       Discriminatory (चुनाव-संबंधी) laws were cancelled.
4.       Ban on political parties and restrictions on the media were removed.
5.       After 28 years of imprisonment (कैद), Nelson Mandela was set free (आज़ाद करना) from the jail.
6.       Finally, at the midnight of 26 April 1994, the new national flag of the Republic of South Africa was hoisted (फैलाना).
7.       New democratic country was born in the world.
8.       Black leaders appealed (अनुरोध करना) to blacks to forgive (माफ करना) the whites for their bad behaviors.
9.       Also said let us build a new South Africa based on equality of all races (जाति) and men and women, on democratic values, social justice and human rights.
10.   They sat together to make a common constitution (संविधान).
11.   After two years of discussion and debate (बहस करना) they made the finest constitutions of the world
12.   This constitution gave to its citizens the most extensive rights available in any country.
13.   The preamble to the South African Constitution shows this spirit (उत्साह बढ़ाना) in a beautiful way.
WHY DO WE NEED A CONSTITUTION?
1.       The South African example is a good way to understand why we need a constitution.
2.       It was not easy for them to trust each other.
3.       They had their fears (डर).
4.       The black majority wanted to ensure that the democratic principle (सिद्धांत) of majority rule was not compromised (समझौता करना).
5.       They wanted all social (सामाजिक) and economic (आर्थिक) rights.
6.       The white minority was worried to protect its privileges (विशेषाधिकार) and property.
7.       After long negotiations (बातचीत) both parties agreed to a compromise (समझौता करना).
8.       The whites agreed to the principle of majority rule and that of one person one vote.
9.       They also agreed to accept some basic rights for the poor and the workers.
10.   They agreed that the majority would not take away (ले जाना) the property of the white minority.
11.   This compromise was not easy.
12.   To build trust, one way was to write down all these rules how the rulers are to be chosen in future and what power have the elected governments and which task they will do.
13.   They also agreed that these rules will be supreme, that no government will be able to ignore these.
14.   This set of basic rules is called a constitution.
15.   This applies to all governments, any association (सभा), club in any area, a cooperative society or a political party.
16.   Constitution is the supreme law that determines the relationship among people living in a territory (called citizens) and also the relationship between the people and government.
17.   A constitution does many things:
·         First, it generates a degree of trust and coordination (तालमेल) among the people to live together;
·         Second, it specifies (स्पष्ट रूप से बताना) how the government will be constituted and their powers to take decisions;
·         Third, it lays down limits on the powers of the government and tells us what the rights of the citizens are; and
·         Fourth, it expresses the aspirations (अरमान) of the people about creating a good society.
MAKING OF THE INDIAN CONSTITUTION
1.       The making of the constitution for a huge (विशाल) and diverse (विभिन्न) country like India was not an easy task.
2.       The country was born through a partition (बंटवारा) on the basis of religious (धार्मिक) differences.
3.       This was a traumatic (ज़ख़मी-संबंधी) experience for the people of India and Pakistan.
4.       Atleast 10 lakh people were killed on both sides of the border in partition related violence (हिंसा).
5.       There was another problem.
6.       The British had given the power to the princely states to decide whether they wanted to merge (मिलना) with India or with Pakistan or remain independent.
7.       The merger of these princely states was a difficult task.
8.       Constitution makers were feared that will the Indians accept this constitution or not but they accepted it.
The path to Constitution
1.       Indian constitution makers already know which type of constitution Indians wanted.
2.       In 1928, Motilal Nehru and 8 other Congress leaders and in 1931, the resolution at the Karachi of the INC session drafted (लिखना) a constitution for India with all basic rights including of universal adult franchise, right to freedom and equality and to protecting the rights of minorities.
3.       The British rule had given voting rights only to a few Indians and they gained experience working under legislative (विधान-संबंधी) institutions of Britishers & it helped while forming Indian constitution.
4.       That is why the Indian constitution adopted many institutional details and procedures from colonial laws like the Government of India Act, 1935.
5.       Our constitution adopted many good policies and laws from other countries
6.       At each step they were questioning whether these things suited our country.
7.       All these factors contributed to the making of our Constitution.
The Constituent Assembly
1.       The drafting of the document called the constitution was done by an assembly of elected representatives called the Constituent Assembly.
2.       Elections to the Constituent Assembly were held in July 1946.
3.       Its first meeting was held in 9 December 1946.
4.       Soon after, the country was divided into India and Pakistan.
5.       The Constituent Assembly was also divided into the Constituent Assembly of India and that of Pakistan.
6.       The Constituent Assembly that wrote the Indian constitution had 299 members.
7.       The Assembly adopted the Constitution on 26 November 1949 but it came into effect on 26 January 1950.
8.       So, we celebrate January 26 as Republic Day every year.
9.       Why should we accept the Constitution made by this Assembly more than 50 years ago?
10.   Many countries of the world have had to rewrite their Constitution after short period because the basic rules were not accepted to all major social groups or political parties.
11.   In some other countries, the Constitution exists as a only piece of paper.
12.   The experience of our Constitution is different.
13.   First, Indian constitution made by different type of people who belongs to different religion
14.   The second reason for accepting the Constitution is that the Constituent Assembly represented the people of India.
15.   It provides equality to all the regions of the country.
16.   The Assembly was dominated (प्रमुख होना) by the Indian National Congress who did lead India’s freedom struggle.
17.   But the Congress itself included a variety of political groups and opinions (ख़याल) which are from different language groups, castes, classes and religions.
18.   First some basic principles were decided and agreed upon.
19.   Then a Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion.
20.   More than 200 amendments were considered.
21.   The members deliberated (विचार-विमर्श करना) for 114 days spread over three years.
22.   Every document presented and every word spoken in the Constituent Assembly has been recorded and preserved.
23.   These are called ‘Constituent Assembly Debates’.
GUIDING VALUES OF THE INDIAN CONSTITUTION
The Dream and the Promise
1.       Some of you may have noticed a name missing from the sketches of the makers of the constitution: Mahatma Gandhi.
2.       He was not a member of the Constituent Assembly.
3.       But there were many members who followed his vision.
4.       In 1931, in his magazine Young India, he told what he wanted the Constitution to do:
5.       Everyone should give equal rights
6.       There should be no foreign rule & elimination (हटाना) of untouchability
7.       There should be peace (शांति) in society
8.       Finally let us turn to Jawaharlal Nehru giving his famous speech to the Constituent Assembly at the midnight on August 15, 1947: tryst with destiny
Philosophy of the Constitution
1.       All values that inspired (प्रेरित करना) and guided (राह दिखाना) are embedded in the Preamble of the Indian Constitution.
2.       The Constitution begins with a short statement of its basic values.
3.       This is called the Preamble to the constitution.
4.       Taking inspiration from American model, most countries in the contemporary world have chosen to begin their constitutions with a preamble.
5.       The Preamble of the Constitution reads like a poem on democracy.
6.       It provides a standard to examine (जांचना) and evaluate (अंदाज़ लगाना) any law and action of government, to find out whether it is good or bad.
7.       It is the soul (आत्मा) of the Indian Constitution.
People have supreme right to make decisions on internal as well as external matters. No external power can dictate (आदेश देना) the government of India.
Wealth is generated socially and should be shared equally by society. Government should regulate (नियंत्रण करना) the ownership of land and industry to reduce socio-economic inequalities.
Citizens have complete freedom to follow any religion (धर्म). But there is no official religion. Government treats all religious beliefs and practices with equal respect.
A form of government where people enjoy equal political rights, elect their rulers and hold them accountable (जवाबदेह). The government is run according to some basic rules.
The head of the state is an elected person and not a hereditary (वंशानुगत) position.
JUSTICE (इंसाफ)
Citizens cannot be discriminated (अंतर करना) on the grounds of caste, religion and gender. Social inequalities have to be reduced. Government should work for the welfare (कल्याण) of all, especially of the disadvantaged groups.
LIBERTY (आज़ादी)
There are no unreasonable (अनुचित) restrictions (प्रतिबन्ध) on the citizens in what they think, how they wish to express their thoughts and the way they wish to follow up their thoughts in action.
EQUALITY (समानता)
All are equal before the law. The traditional social inequalities have to be ended. The government should ensure equal opportunity for all.
FRATERNITY (भाईचारा)
All of us should behave as if we are members of the same family. No one should treat a citizen as inferior (नीचा).




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