Abstract
Article 18 of the Indian Constitution is a crucial provision that seeks to promote equality by abolishing titles. It prohibits the State from conferring titles, except for military and academic distinctions, and restricts Indian citizens from accepting titles from foreign states. Additionally ledroitindia.in/courses/the-ultimate-course-package/, it establishes guidelines for accepting gifts and emoluments from foreign sources.
Keywords
Indian Constitution, Article 18, titles, equality, abolition, military distinctions, academic distinctions.
Introduction
The Indian Constitution, adopted on January 26, 1950, is the supreme law of India, providing a framework for governance and fundamental rights for its citizens. Among its many provisions, Article 18 stands out as a significant provision aimed at promoting equality and abolishing titles. Article 18 reflects the vision of the framers of the Indian Constitution to establish a society based on merit, where individuals are not elevated or distinguished solely by titles bestowed upon them. Article 18 of Part III of the Indian Constitution deals with the abolition of titles. It is a provision that seeks to eliminate the practice of conferring titles on individuals, thereby promoting equality among citizens.
Article 18 of The Constitution of Law, 1950
“(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 trusts 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-
(1) This clause states that the State is prohibited from conferring titles, except for military or academic distinctions. It means that the government cannot grant titles such as “Sir,” “Lord,” Raja”, or “Nawab” to individuals based on social status or other non-meritorious factors. However, military honours or academic achievements, such as the titles conferred to individuals in the armed forces or academic degrees, are exceptions to this prohibition. This clause aims to eliminate the practice of bestowing titles solely based on social hierarchy and promote a society based on merit and equality.
(2) According to this clause, Indian citizens are not allowed to accept any titles from foreign states. It emphasises that Indian citizens should not be influenced or honoured by foreign countries through titles. This provision aims to preserve the sovereignty and independence of India, ensuring that its citizens are not indebted or swayed by foreign powers.
(3) This clause restricts non-Indian citizens holding any office of profit or trusts under the Indian state from accepting titles from foreign states unless authorized by the President of India. It ensures that individuals in positions of authority or responsibility in the Indian government are not influenced or compromised by foreign recognition or titles. The consent of the President acts as a safeguard, allowing for exceptional cases where accepting a foreign title may be deemed appropriate in the interest of the nation.
(4) This clause prohibits individuals holding any office of profit or trust under the Indian state from accepting any presents, emoluments (payments), or offices from foreign states without the consent of the President. It seeks to prevent conflicts of interest, undue influence, or compromising situations that could arise from accepting favours or rewards from foreign entities. The requirement of the President’s consent ensures transparency and accountability in accepting gifts, payments, or offices from foreign sources.
Meaning of abolition of titles
The “abolition of titles” refers to the elimination or cessation of the practice of conferring titles upon individuals based on social status, hereditary privileges like Khan Bahadur, Sawai, Rai Sahab, Zamindar, Taluqdar, or other non-meritocratic factors. It signifies the removal or discontinuation of a system that grants special designations or honorifics to individuals, often leading to hierarchies or distinctions among people.
Aim of Article 18
- The idea of abolishing titles is founded on the equality principle, which states that everyone should be treated equally and without particular rights or benefits based solely on their birth, social standing, or connections.
- By abolishing titles, societies hope to encourage meritocracy, in which recognition, respect, and places are earned via one’s abilities, accomplishments, and services to society rather than inherited or granted by authority.
- The removal of titles emphasises that everyone should have an equal opportunity to thrive and be recognised for their talents, knowledge, and accomplishments, rather than their background or social rank. It strives to level the playing field and develop a more inclusive and balanced society.
Exception to the Article
Exceptions to the abolition of titles are often made to recognise and commemorate certain achievements or positions that are deemed important to society. While the basic goal of the abolition of titles is to do away with titles based on social standing or place of birth, there are some exceptions granted to honour extraordinary achievement or achievements in particular areas. These exceptions often include:
- Military Distinctions: Military titles and honours are an exception to the abolition of titles. They are conferred to individuals in recognition of their exceptional service, bravery, or leadership within the armed forces. Military titles such as General, Admiral, or Captain are examples of distinctions that recognize the rank and achievements of military personnel.
- Academic Distinctions: Academic titles and honours are other exceptions to the abolition of titles. These titles recognize educational achievements, expertise, or contributions in the field of academia. Examples include titles such as Professor, Doctor, or Chancellor, which are conferred to individuals based on their academic qualifications, research contributions, or leadership roles in educational institutions.
They are intended to acknowledge and celebrate accomplishments in specific domains without perpetuating a hierarchical system based on inherited or arbitrary privileges.
Punishment under Article 18
- Article 18 of the Indian Constitution does not specify any punishment for violating its provisions regarding the abolition of titles.
- It primarily focuses on prohibiting the conferment and acceptance of titles and outlines the need for consent from the President in certain cases.
- These laws could prescribe penalties or punishments based on the nature of the violation. For example, if someone falsely claims or uses a conferred title that they are not entitled to, it could potentially be subject to laws relating to misrepresentation, fraud, or impersonation, which may carry penalties under relevant criminal or civil laws.
Landmark Judgements / Case laws
In the case of Balaji Raghavan v. Union of India (1995), the validity of national awards including the Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri was contested by the petitioners. They said that these awards should be viewed as titles under Article 18 of the Indian Constitution and that the government should not be allowed to give them.
The petitioners argued that the phrase “title” should be widely defined, except for technical and military competence. They argued that the honours were being abused by being given to ineligible people, which undermined their original intent.
Balaji Raghavan submitted a petition of mandamus to the Madras High Court to stop the government from presenting these significant honours. Whether these honours fit under the criteria of “titles” as mentioned in Article 18(1) of the Indian Constitution was the question that was presented before the Supreme Court.
According to the Supreme Court, the idea of equality does not mandate withholding praise for achievement or recognition from people who have done much for the country. The Court ruled that the Indian Constitution’s protection of the concept of equality is not violated by national honours like the Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri. They concluded that these awards do not violate Article 18 since they are not “titles” in the sense of that provision.
To prevent misuse of these awards, the Court recommended the establishment of a high-level committee appointed by the Prime Minister, in agreement with the President, to ensure that only deserving individuals receive such honours. The Supreme Court’s ruling confirmed that these national awards are distinct from titles and can be conferred to recognize exceptional contributions to the nation.
Conclusion
The Indian Constitution’s Article 18 is crucial for safeguarding the concepts of equality and maintaining national sovereignty. It aims to do away with societal hierarchies based on socioeconomic status or birth by forbidding the State from bestowing titles, except for military and intellectual distinctions. This clause makes sure that respect and esteem are earned through accomplishments rather than through inherited privileges. Indian citizens are prohibited under the Article from accepting titles from other countries without the President’s approval. This defends against improper influence or concessions in positions of authority, preserving India’s independence and integrity.
This article is written by Nyssa Shah, Kirit. P. Mehta School of Law, Mumbai, B.B.A LL.B.(Hons.) in 1st Year during her internship at LeDroit India.https://www.linkedin.com/in/nyssa-shah-15a233217
