What is the legal nature of the Preamble of the Constitution?

The correct answer is B: the Preamble is not enforceable. A court cannot issue a direct order on the strength of the Preamble alone, because it is not a source of any legal right or duty.

Option A is wrong because enforceability is exactly what the Preamble lacks. Option C is wrong because the Constitution and case law recognise no 'special circumstances' exception. Option D falls with them, since B is correct.

• Berubari Union case (1960): the Supreme Court held that the Preamble is not part of the operative provisions and cannot be used to create powers or limits, though it helps resolve ambiguity.
• Kesavananda Bharati case (1973): the Preamble is part of the Constitution and can be amended under Article 368, subject to the basic structure doctrine.

Core concept: the Preamble states the philosophy of the Constitution (sovereign, socialist, secular, democratic republic; justice, liberty, equality, fraternity). It guides interpretation, while enforceable rights come from Part III and directive principles from Part IV. For Mains, it is a good anchor for answers on constitutional morality.

Trap: students see that the Preamble is part of the Constitution and assume it is enforceable like a fundamental right. Being part of the Constitution and being enforceable are different things.