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R. Venkataraman -
Constitution
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There are two things to remember. If the President is asked to do something against the Constitution, the mere fact that the Cabinet has reiterated its earlier decision may not be binding on him. If it is an administrative matter, then the reaffirmation of the earlier decision by the Cabinet will, of course, be binding. But no government and no Cabinet can ask the President to do something that is unconstitutional. So, this line of distinction will have to be drawn.
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In my opinion, the Union Government's decision to impose President's rule in UP is flawed. That some members of the House indulged in violence and unruly behaviour does not warrant the conclusion that the government of the state cannot be carried on in accordance with the provisions of the Constitution.
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When we framed the Constitution, we adopted the British model. Therefore, the President acts as the crown. You see, Britain has no written constitution. So, there is nothing unconstitutional there. But in India we have a Constitution and any legislation even by Parliament contrary to the Constitution is void. As the Constitution now exists, the President has to follow the British precedent in many matters. Unfortunately, there is no British precedent in this matter.
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Coalition: If the political developments in the country have created a situation like this, then it is for the country to decide whether they should have this Constitution or frame something which will take care of such situations. But as the Constitution stands, we cannot ask the President to do many things. The Constitution as framed is inadequate to deal with situations of the kind that have risen since the framing of the Constitution.
R. Venkataraman
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A severe though not unfriendly critic of our institutions said that 'the cure for admiring the House of Lords was to go and look at it.'
Walter Bagehot
R. Venkataraman
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Born:
December 4, 1910
Died:
January 27, 2009
(aged 98)
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