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Constitutional Law

Abolition of Titles

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 18-Dec-2023

Introduction

Article 18 of the Constitution of India, 1950 (COI) deals with the Abolition of Titles.

  • Titles are used to differentiate an individual’s rank by pinning inferiority complexes upon other people. As a result, the constituent assembly agreed to eliminate such inequality and drafted this Article.

Article 18, COI

This Article states that-

(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.

Analysis of Article 18

  • This Article provides for the prohibition of title recognition and conferment in the country.
  • It does not safeguard any fundamental rights but rather limits executive and legislative jurisdiction.
  • It does not provide for any penalty for the violation of the provisions contained therein.
  • It does not prohibit the State from conferring military or academic distinctions on any person.
  • Clause (3) and (4) have been added in this Article with a view that a person, not being a citizen of India, should remain loyal to the State and would not commit the breach of trust reposed in him.

Case Law

  • In Balaji Raghavan v. Union of India (1996), the Supreme Court has held that the National Awards do not amount to titles within the meaning of Article 18(1) of the COI. They should not be used as suffixes and prefixes.