Article 18 of the Indian Constitution is a crucial provision under Part III (Fundamental Rights) that addresses the issue of titles and their potential impact on the principle of equality. It aims to prevent the perpetuation of artificial distinctions among citizens, thereby reinforcing the idea of a society based on merit and equal opportunity rather than inherited or conferred status.
This article serves to abolish all titles that create hereditary or artificial differences between individuals, which were prevalent during the colonial era. It not only restrains the State from conferring such titles but also places restrictions on citizens and public servants regarding the acceptance of titles or emoluments from foreign governments, ensuring the sovereignty and impartiality of the nation.
Original Text
18. Abolition of titles
(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.
Detailed Explanation
Article 18 comprises four clauses, each dealing with a specific aspect of abolishing titles and regulating interactions with foreign states regarding titles and emoluments.
- Clause (1): This is a direct injunction on the Indian State. It prohibits the State from conferring any titles. The purpose is to prevent the creation of a titled aristocracy or any form of hereditary status. However, there are two specific exceptions: military distinctions (like Param Vir Chakra, Maha Vir Chakra) and academic distinctions (like PhD degrees, professorships) can still be conferred by the State. These are considered earned distinctions based on service or merit, not titles creating social hierarchy.
- Clause (2): This clause applies specifically to citizens of India. It prohibits any citizen from accepting any title from any foreign State. This provision reinforces national sovereignty and prevents citizens from being beholden to or influenced by foreign powers through the conferral of titles.
- Clause (3): This clause deals with non-citizens who are in a position of trust or profit under the State. It prohibits such persons from accepting any title from a foreign State without the consent of the President. This is to ensure that even non-citizens serving the Indian State are not unduly influenced by foreign governments through titles. The requirement of the President’s consent provides a safeguard.
- Clause (4): This clause is broader and applies to any person (citizen or non-citizen) holding any office of profit or trust under the State. It prohibits such a person from accepting any present, emolument, or office of any kind from or under any foreign State without the consent of the President. This provision aims to prevent individuals serving the State from being compromised or influenced by foreign powers through gifts, payments, or positions, thereby protecting the integrity of the State machinery.
Detailed Notes
- Article 18 is a Fundamental Right under Part III of the Constitution.
- It aims to abolish artificial or hereditary titles to promote equality.
- Clause (1):
- Prohibits the State from conferring titles.
- Exemptions: military distinctions (e.g., PVC, MVC, Ashok Chakra) and academic distinctions (e.g., degrees, ranks).
- Distinction is between ’title’ creating social hierarchy and ‘distinction’ for merit/service/education.
- Clause (2):
- Applies only to citizens of India.
- Prohibits accepting any title from any foreign State.
- This is an absolute prohibition for citizens.
- Clause (3):
- Applies to non-citizens.
- Applies only if they hold an office of profit or trust under the State.
- Prohibits accepting any title from a foreign State without the President’s consent.
- Clause (4):
- Applies to any person (citizen or non-citizen).
- Applies only if they hold an office of profit or trust under the State.
- Prohibits accepting any present, emolument, or office of any kind from a foreign State without the President’s consent.
- Broader than clause (3) as it covers presents, emoluments, and offices, not just titles.
- The President’s consent acts as a check against foreign influence on persons holding positions under the Indian State.
- Article 18 is often cited in the context of the debate surrounding National Awards like Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri.
Additional Comments
- The abolition of titles was a significant step towards dismantling the feudal and colonial structures where titles like ‘Rai Bahadur’, ‘Khan Bahadur’, ‘Sir’, ‘Lord’ were conferred, often creating social stratification and sometimes rewarding loyalty to the colonial power.
- The Supreme Court, in the landmark case Balaji Raghavan vs. Union of India (1996), upheld the constitutionality of National Awards (Bharat Ratna, Padma Awards).
- The Court held that these National Awards are not ’titles’ within the meaning of Article 18(1) as they are not intended to be used as suffixes or prefixes to names and do not create any inheritable status or special rights. They are merely recognition of exceptional service or performance.
- The Court, however, recommended that the awardees should not use these awards as titles, and if they do, they should forfeit the award. Following this judgment, the government framed rules stipulating that the awards should not be used as titles.
- The purpose of Article 18 is to prevent the creation of a titled class and uphold the republican principle of equality, while acknowledging and encouraging merit through national recognition (awards).
Summary
Article 18 of the Indian Constitution prohibits the State from conferring titles, except for military and academic distinctions, thereby promoting equality and dismantling artificial social hierarchies. It further prevents Indian citizens from accepting any title from a foreign State. For non-citizens and any person holding an office of profit or trust under the State, accepting titles, presents, emoluments, or offices from foreign states requires the consent of the President, safeguarding the integrity and impartiality of those serving the nation from foreign influence. This article reflects the republican ideals of the Indian state.