Open In App

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:

Objective and Features of Article 18 of the Indian Constitution

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

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.

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

Related Articles:

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/


Article Tags :