Article 18 of the Indian Constitution

Article 18 of the Indian Constitution talks about the abolition of titles, which comes under the right to equality. No citizen of India shall accept any title from any foreign State. It is one of the most important articles of the constitution of India. Article 18 comes under Part III of our Constitution i.e. Fundamental Rights.

Our Constitution divides fundamental rights into six parts i.e., the Right to Equality, the Right to freedom, the Right against exploitation, the Right to freedom of Religion, Cultural and Educational Rights, and the Right to Constitutional Remedies.

What is Article 18 of the Indian Constitution?

The concept of giving titles to people is very ancient. The government or the ruler of a place gives such titles to people to enhance their social status. There was no particular format or criteria on which they gave titles to people. This practice creates a sense of discrimination in the minds of people, and to abolish this practice, Article 18 is included in the constitution of India. Equality among the people is one of the essential components of the freedom struggle of our country. So, according to Article 18, it is essential to abolish any such practice that creates hurdles for equality in our country.

Meaning of Titles

For people who pleased the British with their administrative work or those who would placate the British by carrying out all of their orders and meeting their goals, titles were offered. Titles are distinct from honors since people get awards for their contributions to the advancement of science, the arts, and literature. Dr. B. R. Ambedkar stated during the constitutional discussion that the elimination of title conferral was done for the following reasons. It is not a right but rather a necessity or condition that is imposed upon the person or citizen of the nation who must adhere to their requirements to remain a citizen of the country. The non-acceptance of titles may be viewed as a condition for continuance of current citizenship.

What is Abolition of Titles?

Three parts of Article 18 of the Indian Constitution are explained below:

• The first part of Article 18 states that the Indian government cannot confer any titles upon its citizens. This means that the government cannot grant titles like “Sir,” “Raja,” “Rai Bahadur,” “Maharaja,” or similar honorifics to individuals as a recognition of their achievements or contributions.
• The second part of Article 18 prohibits Indian citizens from accepting titles or honors from foreign states. This is to prevent Indian citizens from accepting titles or distinctions from foreign governments that might compromise their loyalty or allegiance to the Indian state.
• There is an exception mentioned in Article 18(1), which allows for the conferment of military and academic distinctions. This means that individuals in the armed forces or those who have earned academic distinctions can still be recognized and awarded certain titles related to their profession or educational achievements.
• The third part of Article 18 states that individuals who are not Indian citizens and hold any office of profit or trust under the Indian State cannot accept foreign titles without the consent of the President of India. This provision is to ensure that foreign titles do not interfere with the responsibilities and loyalties of individuals serving in important positions in the Indian government.

Objective and Features of Article 18 of the Indian Constitution

The objectives and features of Article 18 of the Indian Constitution are as follows:

• Remove discrimination in society based on titles.
• Eliminate advantages associated with titles that lead to abuse of power.
• Eradicate the practice of granting titles without a fixed criterion.
• Ensure equality and fraternity among all citizens of the country.
• Assert the equality of all citizens after the independence of the country.
• Prevent any feelings of insecurity or discrimination among common citizens.
• Uphold the principle that all citizens are equal, with no special privileges based on titles.
• Defend the essential components of democracy, including equality and fraternity.
• Mitigate fears and discrimination arising from title-based distinctions.
• Foster social cohesion and strengthen interpersonal connections.
• Facilitate the growth of solid interpersonal ties in the post-independence era.

Important Provisions of Article 18 of the Indian Constitution

Article 18 has several features, including the dissolution of all historically utilized intrinsic titles and the exclusion of state-granted military and academic titles.

• Article 18’s first clause forbids the state from granting any titles to anybody, whether they are citizens or not, however, it makes an exception for academic or military titles. This provision gives states protection when academic honors like the Bharat Ratna, Padma Bhushan, or Padma Vibhushan are bestowed upon individuals in recognition of their great achievements.
• Article 18’s second clause forbids Indian citizens from accepting any titles bestowed upon them by foreign states.
• Article 18’s third clause forbids anyone who is not an Indian citizen but is employed in the country and holds a position of profit for the state—that is, is employed in a department or organization of the Central or State Government—from accepting a title from a foreign state or nation without the president’s permission.
• Article 18’s fourth clause forbids any citizen or noncitizen who holds a position of profit under the federal or state governments from taking a gift or a position of any sort from a foreign government. Both the 1951 Representation of Peoples Act and the Indian Constitution do not define office or profit. Legal interpretation has led to the definition’s development. It refers to a position that offers the holder of the job some sort of financial benefit or advantage. The addition of clauses (3) and (4) is intended to guarantee that a noncitizen or foreigner maintains his or her allegiance to the state and does not violate the confidence that has been placed in them.

Need for Article 18 in Indian Constitution

The primary goal of title abolition is to preserve social equality in society and to close the gap between superior and inferior people. When a title is given to someone, it automatically instills a sense of superiority in that person, which has resulted in the misuse of that title to exploit the poor. If titles are given to people, there will be social unrest among them, which will undermine their sense of harmony and social cohesion. Furthermore, if social fraternity and solidarity are harmed, it will undermine the peace and cohesion of the community. Through Article 18, titles like Raibahadur, Maharaja, and Raja that were common throughout the medieval era were abolished. Giving titles is against Article 14, which guarantees the right to equality and equal treatment under the law. Titles shouldn’t be awarded in democratic societies because doing so would undermine the principles of equality, liberty, and fraternity that make democracy so special.

Punishment under Article 18 of the Indian Constitution

Article 18 of the Indian Constitution does not provide any punishment for the people who do not follow the provisions of Article 18. This article only prohibits the people from accepting any type of “Titles” from foreign states. There is a provision in this article in which the person can get the permission from “President of our country” to accept any title from a foreign state. Any fraud under this article such as using any titles given by the state falsely under another person’s name can be dealt with by different civil and criminal laws.

Landmark Cases

• Balaji Raghavan v. Union of India (1996) 1 SCC 361: In this case, the petitioner challenged the validity of the awards given to the citizens of India for their outstanding contribution in different fields. “Whether the honors such as Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri come under the purview of “titles” within the definition of Article 18(1) of the Indian Constitution” was the question that was brought before the Hon. Supreme Court.
• Held: National Awards like the Padma Bhushan, Padma Shri, and Bharat Ratna do not infringe upon the equality protections provided by the Indian Constitution. These National Honors do not contravene Article 18 of the Indian Constitution since they are not “titles” in the sense of that provision. The Court recommended that the Prime Minister create a high-level panel in coordination with the President to ensure that only deserving people get the honors in order to prevent the abuse of this privilege.
• Indira Jai Singh v. Supreme Court of India AIR 2017 SC 5017: In this particular case, a complaint was made over the use of the term “senior advocate” before the names of the attorneys. According to the Supreme Court, this is only a distinction rather than the title and does not infringe against Article 18 of the Indian Constitution.

Conclusion – Article 18 of the Indian Constitution

Article 18 of the Indian Constitution holds great significance as it addresses the abolition of titles and honorifics, which were once a common practice to bestow social status and recognition. The framers of the Indian Constitution included this article with the clear objective of promoting equality and eliminating discrimination based on titles. The article prohibits the Indian government from conferring titles, restricts Indian citizens from accepting titles from foreign states, and places controls on individuals holding offices of profit or trust under the Indian State regarding the acceptance of foreign titles. The need for Article 18 arises from the historical misuse of titles to create distinctions and hierarchies in society. These titles could lead to a sense of superiority and exploitation, undermining social equality and fraternity.

FAQs on Article 18 of Indian Constitution

1. What are the differences between title and awards?

Awards were provided to recognize exceptional performance and were awarded without regard to caste, creed, sex, color, or religion. Titles were offered to people who would impress Britishers with their organizational duties and by carrying out their orders.

2. Does Padma awards and Bharat Ratna come under the ambit of article 18(1) of the Constitution of India?

No, these honors fall under the category of military or academic prizes, making them immune from the ban under Article 18 Clause 1 of the Indian Constitution. And it was unequivocally determined in the Balaji Raghavan v. Union of India case that the compliance of national awards is neither in violation of Article 18 nor in violation of Article 14, as it is given for recognizing the exceptional accomplishments of the people in the fields of literature, art, science, and other fields and thereby encouraging more of such work in the future.

3. Is Article 18 of the Constitution of India constitutionally valid or not?

Yes, as stated in several case laws, including Balaji Raghavan v. Union of India 1996 and Indira Jaisingh v. Supreme Court of India, Article 18 of the Indian Constitution is constitutionally and legally legitimate. These instances prove the validity of article 18 as being legitimate under the law and not in violation of article 14 of the Indian Constitution.

4. What is the need of Article 18 in our constitution?

Article 18 is needed in our constitution to stop the inequality present in our society because of the titles used by people in their name.

5. What is the meaning of Abolition of Titles?

“Abolition of Titles” comes under the purview of Article 18 in our constitution and it prohibits the citizens of the country to use any type of titles such as “Raja” and “Maharaja”.

6. Which “Titles” can be used by the Citizen of India and are allowed by the law?

The citizen of India are allowed to use only “Military” and “Academic” titles.

7. How many articles in the Constitution of India are there?

There are a total of 448 articles in the Indian Constitution.

References:

indiankanoon.org

samistilegal.in/

www.constitutionofindia.net/