Table of Contents
Article 18 of the Indian Constitution strips away the legal recognition of titles to safeguard social equality and preserve a democratic, classless society. Following independence, India moved away from British and monarchical practices where the ruling power handed out elitist prefixes and suffixes like Rai Bahadur, Sir, or Maharaja to create artificial networks of social privilege. By banning the State from conferring titles and prohibiting citizens from accepting foreign honours, this provision ensures that an individual's status in modern India is evaluated strictly on personal merit and public contribution rather than inherited birth rights.
To reinforce this standard, the article lays down four clear rules that apply to citizens, non-citizens, and any individuals holding public offices of profit or trust under the Government. While it strictly guards social equality by rendering feudal, titular glories unconstitutional, it explicitly protects military ranks and academic degrees to encourage and celebrate genuine scholarship and national service.
Clauses of Article 18
Art. 18 has four distinct clauses:
- 18(1) - No title, not being a military or academic distinction, shall be conferred by the State.
- 18(2) - No citizen of India shall accept any title from any foreign State.
- 18(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.
- 18(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.
Art. 18 is merely directory as there is no penalty prescribed for infringement\of the prohibition. However, the Parliament would have constitutional power to make a law prescribing what should be done if there is violation of the provisions contained in Art. 18 by any individual.
What is a “Title”?
A “title” acts as an honorific prefix or suffix denoting specific rank, privilege, or status, with Article 18(1) intending to interdict these to prevent social distinctions. While modern national awards like Bharat Ratna and Padma Vibhushan are framed as state recognition of merit rather than prohibited titles, they remain contentious for potentially violating the Preamble's promise of equality. This debate led to the temporary discontinuation of these decorations during the 1977–79 Morarji Desai government.
Case: Balaji Raghavan v. Union of India (1996)
In this case, the Supreme Court upheld the constitutional validity of National Awards like the Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri. The petitioners argued that these honours violated Article 18(1) of the Constitution, which prohibits the State from conferring titles. However, the Court ruled that these awards are decorations recognizing exceptional merit and public service, distinguishing them from feudal, aristocratic titles that create a class of nobility.
To prevent abuse, the Court mandated that these awards cannot be used as prefixes or suffixes to the recipient's name; doing so can lead to the forfeiture of the honour. Additionally, the Court directed the government to set up high-level committees at both the national and state levels to streamline selection processes and limit the total number of annual awards to preserve their prestige.
