Previous Year Question

The Preamble expresses the fundamental objectives and ideals of the Constitution—Justice, Liberty, Equality and Fraternity—but it does not by itself confer an independent right that a person can directly enforce through a court. Its legal nature is therefore non-enforceable.

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court recognised that the Preamble forms part of the Constitution and has great significance in interpreting the Constitution and understanding its basic objectives. Constitutional values reflected in the Preamble were also important in the Court's analysis of the Basic Structure.

However, being part of the Constitution is different from being independently enforceable. The Preamble does not by itself confer substantive governmental powers or provide an independent legal remedy. It is of great importance as an interpretative guide to constitutional provisions.

An important historical distinction is that in the Berubari Union case (1960) the Supreme Court had taken the view that the Preamble was not part of the Constitution. In Kesavananda Bharati (1973), that position was not accepted and the Preamble was recognised as part of the Constitution. Its non-enforceable character, however, remained unchanged.