Sakshi Bisht, University of Petroleum and Energy Studies
ABSTRACT
This paper examines the constitution of India and South Africa who in shares the same history of colonization.
The emphasis in this paper is on the making of constitutions. It looks at the effects of the drastically varied processes on the content of these constitutions as well as the various international contexts in which those processes took place. This paper compares the features of the constitutions. This paper compares the methods adopted by the framers in framing the constitutions.
While the South African Constitution was enacted in 1996, at the height of the contemporary worldwide human rights movement, the Indian Constitution was crafted prior to the promulgation of the Universal Declaration of Human Rights (UDHR) in 1948. The South African constitution was the result of a very democratic process, in contrast to the elitist approach that created the Indian constitution. Both are based on a constitutionalism that is adamantly democratic, in areas where the majority of the population had long been told they weren't suitable or prepared for democracy. Both exhibit the notion that, in these conditions, granting everyone the right to vote is a potent approach to build a democracy. Knowledge of many features of both constitutions requires an understanding of this concept. This paper studies the Indian and South African constitutions contrasts and similarities in their evolution.
Keywords: constitution, India, South Africa, constitution-making
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