Democracy and Constitutional Design
Democracy and Constitutional Design is the chapter of Political Science that Covers the important basic Factors of Democracy and Constitution with complete syllabus of class 9
IMPORTANT FACTS ABOUT DEMOCRACY :
i) The word Democracy is taken from the Greek word DEMOKRATIA which means the rule of the people in fact Democracy is the form of Government in which people elect their rulers ii) UNIVERSAL ADULT FRANCHIES means a person above the age of 18 has the right to vote irrespective of caste , color , state, sex and religion
iii) “Democracy is a form of government of the people, by the people and for the people ” by ABRAHAM LINCOLN.
iv) Non democratic form of Government is the kind of government in which people do not their ruler and have no right in decision making the government.
THE MAIN FEATURES OF GOVERNMENT in DEMOCRACY are
i) Decision making power must be with those elected by the people
ii)There must be free and fair election
iii) There is one vote having equal value for one person
iv) Equal opportunity is given to every citizen to participate in the government
v) Government rules within the limits set by constitutional law and citizen’s right.
ARGUMENTS FOR DEMOCRACY ;
AGAINST the DEMOCRACY
i) Democracy leads to instability due to frequent leader change
ii ) It leads to delay due to constant consultancy
iii)It sometimes leads to bad decisions
iv) Democracy encourages corruption as it is based on electoral competition .
v) In this form of Government ordinary people do not have the decision making ability.
In FAVOUR OF DEMOCRACY
i)Democratic Government is more accountable to the citizen of the country
ii) Democracy improves the quality of decision making
iii) It provides the method to deal with the difference and conflicts
iv) It enhances the dignity of the citizen of the country
v) Democracy allows the citizens to correct their own mistakes
Chinese parliament is called NATIONAL PEOPLE’S CONGRESS chooses it’s president. Every candidate has to take approval from the Chinese Communist Party to contest election . Government is always formed by Communist Party only. Though Democratic Form of Government may not be perfect form of Government but still better than any other form of government.
Democracy is not just a form of government/just some form of institution but in broader sense it is the principle which should be inculcated in every sphere of life so
i) Decision in Democracy involves consultation with and consent of all those who are affected by that decision
ii) Those who are not powerful have same saying taking the decision as those who are powerful iii) This can apply to the government/ family/ any other organization.
Constitutional Design :
The Constitutional Design of the country is set of written rules that are accepted by all people living together.
The Constitutional Design of the country is the supreme law that determines the relationship among citizens and also between the citizens and the government.
It establish the relationship among the citizen of the country and the government
Main Functions of Constitutional Design are
i)It generates a degree of trust and co-ordination that is necessary for different kind of people to live together.
ii) It specifies how the government will be constituted
iii) It lays down limits on the powers of the government and tells us what are rights of the citizens
iv) It expresses the aspirations of the people about creating a good society
All the countries that have Constitution Design are not necessarily democratic but all the countries that are democratic must-have constitution The circumstances at the time of making the Indian Constitution were
1) India was still the colony of Britain
2)The partition of the country was made on the basis of Religion
3) There was large scale violence as 10 lakh people were killed
4) There was great problem of Refugee rehabilitation
5 ) Many Princely states were merged in the Indian Territory
6) Indian Economic condition was very poor
CONSTITUTIONAL DESIGN OF SOUTH AFRICA :Apartheid was the name of system of racial discrimination unique to South Africa. The system of apartheid divided the people and labelled them on the basis of their skin color.
The white rulers treated all non whites ie native blacks and people migrated from Asian countries as inferiors . The blacks, colored and Indians fought against the apartheid system since 1950 under the organization called African National Congress (ANC)
NELSON MANDELLA , the hero of the struggle was imprisoned for 28 years . In his autobiography “The Long Walk To Freedom ” wrote his experience to freedom.
DEMOCRATIC CONSTITUTIONAL DESIGN IN SOUTH AFRICA :
During 17 and 18 century European companies in the name of trading started occupying the S. Africa . Gradually started settling there and became the local rulers.
They adopted the policy of apartheid oppress the blacks. People in the country was divided in blacks and whites ie servants and rulers
During 1950 the native blacks, colored and Indians started the struggle against apartheid system . African National Congress Was established and it’s leader Nelson Mandella was sent to jail for more than 28 years and the struggle continued against segregation.
White Rulers of Africa continued to rule by detaining, torturing and killing the thousands of agitators as blacks colored and Indians. The protest continued and became more aggressive .
At last Government stopped the repression , Discriminatory laws were repealed and ban over political parties and media was removed .
On 26 th April 1994 The New National Flag of the Republic of South Africa was unfurled and the people was Africa got freedom from the oppressiveness of Whites Nelson Mandella became the first president of the Republic of South Africa .
After two years of discussion and long debate a finest constitution was framed . The South African constitution inspires democrats all over the world and gave extensive rights to the citizens of the country.
THE PATH TO INDIAN CONSTITUTION DESIGN :
Constitution design is about what a democratic India should look like .
In 1928 pandit Motilal Nehru and eight other the Congress leaders had drafted the constitution of India further in Karachi resolution of the Indian National Congress dwelt on how independent India should look like.
The basic values were accepted by most of the leaders before the working of the Constituent Assembly. There was the familiarity with political institutions of the Colonial rule.
There was the existence of colonial laws like the Government of India Act 1935. After learning from the various system of the world Leaders were inspired by the ideals of French Revolution , Parliamentary democracy , Bill of Rights in USA , Socialist Revolution of Russia
The Constitution of India was written by the Constituent Assembly comprising 299members. adopted on 26 th November 1949 but it was implemented on 26 th January1950 now celebrated as The Republic Day of our country.
Dr. B.R. Ambedkar was the chairman of the drafting Committee and Dr Rajender Prasad was the president of the constituent assembly .
THE PURPOSE OF PREAMBLE OF CONSTITUTION DESIGN ; It indicates the source from which the Constitution derives it’s authority as WE THE PEOPLE OF INDIA. It states the objectives of the constitution .It provides a standard to examine and evaluate any law and action of the government to find out weather it is good or bad
WE THE PEOPLE OF INDIAN in which the Constitution has been drawn up and enacted by the people through their representatives and not handed down to them by a king or any outside power
SOVEREIGN in which people have supreme power to make decisions on the internal matters as well as the external matters . No external power can dictate the Government of India.
SOCIALIST Wealth is generated socially and should be shared equally by society Government should regulate the ownership of land and industry to reduce socio – economic inequalities.
DEMOCRATIC : It is a form of government where people enjoy equal political rights, elect their rulers and hold them accountable . The government is run according to some rules.
REPUBLIC : The head of the state is an elected person and not hereditary.
JUSTICE : Citizens cannot be discriminated on the grounds of caste, religion and gender. Social in equalities have to be reduced. The Government should work for the welfare of all especially of the disadvantage groups
LIBERTY : There are no unreasonable restrictions 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 actions.
EQUALITY : All are equal before law. The traditional Social inequalities have to be ended we should ensure equal opportunity for all.
FRATERNITY : All of us should behave as if we are the members of the same family. No -one should treat a other citizens as inferior.
Conclusion: The Democracy and Constitutional Design
Democracy and constitutional design are deeply inter- related, with constitutions which give us the fundamental framework for democratic governance.
A well-designed constitution:
1. Give us checks and balances
2. Protects individual fundamental rights
3. Defines government structures and powers
4. fair representation
5. Peaceful transfers of power
However, the effectiveness of a constitution depends That how the constitution is implemened, the political culture, and citizens’ engagement. While a good constitutional design is imoprtant for democracy, it must have strong institutions, civic participation, and a commitment to democratic values.
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