Constitutions of India and South Africa

Subject – Polity

Context – constitutions of India and South Africa shaped their cricket

Concept –

The Indian Constitution offers for a Parliamentary form of government which is federal in structure with certain unitary characteristics.
Derived from various sources. Primarily from the Government of India Act, 1935.
- From South Africa:
  - Procedure for amendment of the Constitution.
  - Election of the members of the Rajya Sabha.

Evolution of Indian and South African constitution

Both Indian and South African constitution evolved through a long struggle against colonialism and imperialism.
While drafting constitution both countries closely observed constitutions of other countries and made their own constitutions as the best in the world.
In both Constitution, every citizen has got equal rights and equal opportunities.

Similarities

Both Countries Constitution’s “Preamble” starts with wordings “We the People”, meaning People are Sovereign and constitution draws its authority from the People of the nation.
Both Fundamental Rights and Bill of Rights form the bedrock of the constitution and democracy under the Indian and SA Constitutions respectively.
- Neither the Fundamental Rights nor Bill of Rights are absolute both are subject to reasonable restrictions and limitations.
Both allow certain degree of freedom to the State to work for upliftment of the marginalized and downtrodden.
Like the constitution of South Africa certain articles of Indian constitution are amended by two-thirds majority of parliament.

Contrasts

Right to vote which finds a place in the Bill of Rights is only a statutory/legal right in India., it does not have the status of a Fundamental Rights.
Right to property, which finds a place in the Bill of Rights was removed from Part III of the Constitution by the 44nd Constitutional Amendment and has been placed under Art 300A thereby reducing its status to that of a legal right.
Right to information, which is included in Bill of Rights is only a statutory right in India.