“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.”

— R. Venkataraman

The Rediff Interview/R Venkataraman

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R. Venkataraman 24

seventh Vice-President of India and the 8th President of In… 1910–2009

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“The grand success of the British Empire depends not on its having followed any constitutional precedent of the past but on having met a new situation in history with a creation in law; and as a matter of fact the new constitutional system grew empirically and organically out of the practical necessities of the colonial situation.”

Jan Smuts (1870–1950) military leader, politician and statesman from South Africa

From The League of Nations - A Practical Suggestion, 1918, pp. 37-38, as cited by W. K. Hancock in SMUTS 1: The Sanguine Years 1870-1919, p. 502

“Our constitution is comparatively a new constitution. It is based largely on the model of the British Constitution. As such it has history if not ancestry, which may well go back to centuries. It is being worked I venture to presume, successfully and to the satisfaction of all concerned although within the short period of 10 years, it has had to undergo not less than 7 amendments…The constitution is largely founded on the British Constitution. There are certain differences which are obvious. The British Constitution is a unitary constitution in which the Parliament is supreme, having no other authority sharing its power of legislation except such as may be delegated. Our constitution is a federal constitution in which the powers and functions of the Union Parliament and the State Legislatures are clearly defined and the one has no power or right to encroach upon the rights and powers reserved to the other.”

Rajendra Prasad (1884–1963) Indian political leader

From his speech given on 28 November 1960 at laying the foundation-stone of the building of the Law Institute of India, in: p. 14
Presidents of India, 1950-2003

“The Head of the State in the British Constitution is a Monarch and the Crown descends according to the rules of heredity. In India the Head of the State is an elected President who holds office for a term and can be removed for misconduct in accordance with the procedure laid down in the Constitution.”

Rajendra Prasad (1884–1963) Indian political leader

From his speech given on 28 November 1960 at laying the foundation-stone of the building of the Law Institute of India, in: p. 15
Presidents of India, 1950-2003

“We may suffer from a British sickness now, but we have a British constitution and it's still sound, and we have British hearts and a British will to win through. I believe in Britain. I believe in the British people. I believe in our future.”

Margaret Thatcher (1925–2013) British stateswoman and politician

Speech to the National Press Club (19 September 1975) http://www.margaretthatcher.org/document/102770
Leader of the Opposition
Context: In every generation there comes a moment to choose, and for too long we've chosen the soft option. And it's brought us pretty low. There are some signs now that our people are prepared to make the tough choice and to follow the harder road. We're still the same people that have fought for freedom, and won, and the spirit of adventure, the inventiveness, the determination are still strands in our character. We may suffer from a British sickness now, but we have a British constitution and it's still sound, and we have British hearts and a British will to win through. I believe in Britain. I believe in the British people. I believe in our future.

“Parliament is the centre of the British Empire. It is the responsibility of the members of Parliament, to whatever party they belong, to see that the tradition which has insensibly grown up, which is not a product of this or that constitution-monger, but which is the result of the unthought-out efforts for the public good of the various constituent individuals who from generation to generation, either in this House or in the other, had the conduct of public affairs is continued. It is their action which has made Great Britain what it is, and has founded all over the world institutions modelled upon ours and showing that, whether the British Constitution be or be not the best Constitution in the world for all kinds and sorts of men, it is undoubtedly the best Constitution for people of British origin, British tradition, British hopes, and British ideals. That is why I am consoled by the gradual rising of new generations as old generations vanish.”

Arthur James Balfour (1848–1930) British Conservative politician and statesman

Speech in the Speaker's Courtyard of Parliament for his 80th birthday ceremony (25 July 1928), quoted in The Times (26 July 1928), p. 16
Lord President of the Council

“The omnipotence of Parliament is for the British what for other nations is represented by the constitution, the declaration of independence and the law of human rights all rolled into one. That division of powers which was wrongly deduced from observation of Britain in the eighteenth century is unknown to Britain: just because we have no written constitution, the control of Parliament over both law and government has to be unlimited. In order for Britain to join the Community, the House of Commons has to be told, and to accept, that it will progressively lose its exclusive power to control legislation and government.”

Enoch Powell (1912–1998) British politician

Speech in Vaduz (15 January 1972), quoted in The Common Market: Renegotiate or Come Out (Elliot Right Way Books, 1973), pp. 30–31
1970s

“ALL PRECEDENTS ARE UNDER THE CONTROUL OF THE PRINCIPLES OF THE LAW … No Acts of Parliament can establish such a writ [writ of assistance enabling British search of homes for no reason]: … it would be void, "AN ACT AGAINST THE CONSTITUTION IS VOID." Vid. Viner. But … special writs may be granted on oath and probable suspicion.”

James Otis Jr. (1725–1783) Lawyer in colonial Massachusetts

Massachusetts Spy (April 29, 1773)(Principle of judicial review. In addition, much like the prohibition of unreasonable searches and seizures under the Fourth Amendment of the US Constitution).

“I ruled out any discussions on the subject [on the constitutional issue of raising any issue on the exchange of letters between Prime Minister and the President, in the Parliament], upholding the principle of confidentiality of communication between the President and the Prime Minister …a significant constitutional precedent.”

R. Venkataraman (1910–2009) seventh Vice-President of India and the 8th President of India

Source: Commissions and Omissions by Indian Presidents and Their Conflicts with the Prime Ministers Under the Constitution: 1977-2001, P.128.

“[My] approach recognizes the basic principle of a written Constitution. We "the people" adopted a written Constitution precisely because it has a fixed meaning, a meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving constitution. Aside from amendment according to Article V, the Constitution’s meaning cannot be updated, or changed, or altered by the Supreme Court, the Congress, or the President. Of course, even when strictly interpreted as I believe it should be, the Constitution remains a modern, "breathing" document as some like to call it, in the sense that the Court is constantly required to interpret how its provisions apply to the Constitutional questions of modern life. Nevertheless, strict interpretation must never surrender to the understandably attractive impulse towards creative but unwarranted alterations of first principles.”

Clarence Thomas (1948) Associate Justice of the Supreme Court of the United States

Speech to the American Enterprise Institute for Public Policy Research, 2 February 2001.
2000s

“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 (1910–2009) seventh Vice-President of India and the 8th President of India

The Rediff Interview/R Venkataraman

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