SYNOPSIS OF CONSTITUTIONAL LAW-I

TOPIC- PREAMBLE: IN CONTEXT OF BASIC STRUCTURE OF THE

CONSTITUTION

Submitted by: Submitted To:

PakhiJain( 1120181921) Mr.Chanchal Kumar Singh

Aprajita(1120181925) (Faculty of Law)

KritikaArora(1120181923)

Bakshdeep Singh (1120181926)

(BB.A L.LB)
INTRODUCTION:

The Preamble is the main and very important part of the Indian Constitution. It is
the brief introductory statement which covers all basic guidelines which are
important for a human being to live in a nation. The hopes and aspirations of the
people are beautifully defined in it. As Thakur Das Bhargava said “Preamble is the
key of the constitution”. Theory of basic structure says that there are certain basic
features that cannot be altered or destroyed by amendments in the basic structure of
the constitution. Based upon the various landmark judgments and various views
the doctrine has made its separate view which defines the basic structure.

OBJECTIVES:

 To identify and examine the factors effecting the Doctrine of Basic

Structure.
 To examine the power and meaning of Article 368 of the constitution.
 To examine the validity of the basic structure theory.
 To identify the elements in context of basic structure of the constitution.
 To examine the scope of the challenges faced by the basic structure.
 To determine if the constitution can be amended which will effect the basic
structure as well.
 To examine the constituent power of the parliament to amend the basic
structure.

METHODOLOGY:

This assignment is based on secondary sources of data and uses doctrinal approach
of research. It is text based assignment. Some primary sources of data has also
been used for the purpose of this assignment.

Sources of Data:

 Text books
 Law journals
 Online articles
 Judgments
 Statutes, Act
CONTENT:

Preamble is considered as the most important part of the constitution. It

incorporates the highlights of the constitution. It brings a brief idea about the
standard of living of people of the nation. According to the Article 368 which gives
power to parliament to amend the constitution and procedure thereof, so the
question arises upto what extent it can amend, does they have right to amend the
basic structure.

Amendment can be in two manner which are firstly text changes and secondly text
doesn’t change but constitutional change. Interpretations of the constitutions are
done by the supreme court. Article 368 gives power to amend but supreme
courthas acted as a brake to the legislation enthusiasm of parliament ever since
independence.

CONCLUSION: