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The formation of Indian and South African Constitution was not an easy task rather it was framed under difficult circumstances with both countries facing history of oppression and suppression.
1. The making of the constitution for a diverse and huge country itself was a colossal task. The Constituent Assembly had to ensure accommodation of diverse interests through their representation and power sharing.The fate of the Princely States also had to be decided with regard to their merger.
2. The partition of the Country brought about the problem of religious minorities. The Constitution had to preserve their rights and dignity which it did by providing equal rights and declaring India to be a secular state.
3. Unlike South Africa, there was a general consensus on what the democratic structure in India would look like however debates on what path India should take did emerge. There was for instance, a debate on what should be the basis of our democratic institutions that is whether India should adopt Universal Adult Franchise or Limited Franchise where the most of the political leaders favoured the principle of one person one vote irrespective of any differences.
4. Debate also furnished on whether the country should adopt parliamentary form of government or Presidential form of government. It was familiarity with the British Institutional structure as well as experience during 1937 elections to provisional legislatures proved helpful to them in opting for parliamentary form of government where the executive emerges from the legislature.
5. Discussions on power sharing arrangement also surfaced that whether India should a Unitary form of government or federal with adequate powers and autonomy to the provinces or states.
6. South Africa on the other hand became independent in the year 1994, when the Republic of South Africa was born. Black leaders appealed to others to frame the constitution that would be based on the principles of equality, social justice, democratic values and human rights.
7. The leadership wanted that whites should be forgiven for the atrocities they had committed. The party that involved whites who led the brutal regime and system of apartheid along with African national congress that led the freedom struggle contemplated together to make one of the finest constitutions of the World.
8. They had to ensure a constitution where all ethnic cultural communities get their due recognition and equal set of rights for all.
9. They thus strived to frame the constitution that included all and it was imperative to build trust.
In looking into the background in which both India and South Africa framed their respective constitutions and how they ensured that democracy reached to all by shedding the brutal history of exploitation was commendable. Thus, one would surely upheld the phrase " Where there is a will , there is a way."