Article 18 of the Indian Constitution: Abolition of Titles

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Article 18 of the Indian Constitution: Abolition of Titles

Introduction

Article 18 of the Indian Constitution prohibits the state from conferring any titles except military and academic distinctions. This article is part of the fundamental rights and aims to eliminate social inequalities, ensuring that no individual enjoys special privileges based on inherited or granted titles.

Article 18

Text of Article 18

(1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.


Explanation of Article 18

Article 18 abolishes the practice of conferring titles such as Raja, Maharaja, Nawab, Sir, and Rai Bahadur, which were common during the British era and created social divisions. However, the state can award military and academic distinctions such as Bharat Ratna, Padma Awards, and honorary degrees.

Key Provisions of Article 18:

  1. No Titles by the State:

    • The government cannot grant hereditary or honorific titles.
  2. Ban on Foreign Titles for Indian Citizens:

    • Indian citizens cannot accept any title from a foreign country.
  3. Restrictions on Foreigners in Government Service:

    • Non-citizens working for the Indian government must get the President’s approval before accepting foreign titles.
  4. Ban on Foreign Gifts or Honors for Government Officials:

    • Government officials must get the President’s permission before accepting any honors from foreign states.

Key Features of Article 18

1. Abolition of Titles

  • Titles such as "Raja", "Maharaja", "Nawab", and "Sir" are banned.
  • Prevents social and political privileges based on titles.

2. Exception for Military and Academic Distinctions

  • Awards like Param Vir Chakra, Padma Awards, and honorary doctorates are allowed.
  • Military and academic honors do not create social inequality.

3. Prevention of Foreign Influence

  • No Indian can accept titles from foreign governments.
  • Prevents foreign influence on Indian politics.

Legal Framework and Enforcement

Awards and Honors in India

Allowed TitlesProhibited Titles
Bharat RatnaSir
Padma AwardsMaharaja
Param Vir ChakraNawab
Doctorate DegreesRai Bahadur

Supreme Court Verdicts on Article 18

Case NameJudgment
Balaji Raghavan v. Union of India (1996)Padma Awards do not violate Article 18 as they are not hereditary titles.
Indira Jaising v. Supreme Court of India (2017)Senior Advocate designation is not a title but a professional distinction.

Significance of Article 18

Promotes Equality

  • Prevents the creation of privileged classes based on inherited or granted titles.

Prevents Political Influence

  • Stops foreign countries from rewarding Indian leaders with titles.

Strengthens Democracy

  • Ensures every citizen is treated equally, without special privileges.

Challenges and Criticism

Continuing Use of Honorifics

  • Even though titles are abolished, some politicians and individuals still use "Raja", "Nawab", or "Sir" unofficially.

Debate on Civilian Awards

  • Some argue that Padma Awards and Bharat Ratna violate Article 18 by creating a new privileged class.

Conclusion

Article 18 plays a crucial role in maintaining equality and preventing social divisions. While India allows military and academic distinctions, it rejects hereditary and foreign titles to promote a truly democratic society. The strict enforcement of Article 18 ensures that citizens are treated equally, without special privileges based on inherited honors.

COMMENTS

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LAW ZONE - The Indian Legal Education Portal !: Article 18 of the Indian Constitution: Abolition of Titles
Article 18 of the Indian Constitution: Abolition of Titles
Article 18 of the Indian Constitution prohibits the state from conferring any titles except military and academic distinctions. This article is part o
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