Article 18 in Constitution of India

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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.Editorial Comment - Article 18(1) of the Indian Constitution abolishes all titles and prohibits the state from conferring titles on any individual, whether they are a citizen or a non-citizen. However, military and academic distinctions are exceptions to this prohibition. This means that universities, for instance, can grant titles or honors to individuals based on their merit. Article 18(2) specifically prohibits Indian citizens from accepting titles from foreign states. Article 18(3) states that non-citizens holding positions of profit or trust under the Indian State require the President's consent to accept titles from foreign states. Additionally, Article 18(4) stipulates that no person, whether a citizen or a non-citizen, holding a position of profit or trust, can accept any gifts, salary, or office from a foreign state without the President's consent. Clauses (3) and (4) aim to ensure the loyalty of non-citizens towards the Indian State and prevent any breach of trust.

A "title" refers to an attachment to one's name, such as a prefix or suffix (e.g., Sir, Nawab, Maharaja). In a democracy, the creation of titles and titular glories is discouraged as it goes against the principles of social equality.

However, it is argued that titles like "Bharat Ratna," "Padma Vibhushan," and "Padma Shri" (introduced in 1954) are not prohibited under Article 18 because they signify state recognition of exceptional work by citizens in various fields. It is important to note that Article 18 does not confer any fundamental right but rather imposes restrictions on executive and legislative powers. The conferral of titles is seen as contrary to the fundamental principle of equality guaranteed by Article 14, which ensures equal treatment of all citizens.

In the landmark judgment Balaji Raghavan v. Union of India, AIR 1996, the court held that National awards aren’t titles under clause 1 of Article 18. A committee (High Level Review Committee: chaired by the Vice-President) was set up by the Government in which it states that the awards should be given based on recommendations of names given by various state governments. These recommendations will be reviewed by the Centre government. After this committee, the names will be sent to the Prime Minister’s Office and finally sent to the President for the final verdict. It is important to remember that there are no guidelines given for the Bharat Ratna award.

In the case of Indira Jaising v. Supreme Court of India (2017), a complaint was lodged in this matter questioning the usage of the term ‘senior advocate’ before the names of the advocates. The Supreme Court ruled that this is not the title, but rather a demarcation, and therefore does not violate Article 18 of the Indian Constitution.ReferencesIndianKanoonConstitutionofIndia.net Social Laws Today

Article 18 in Constitution of India

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.

AI Summary

Since you have only provided the title "Article 18 in Constitution of India" and the court as "Constitution Article" with the date "26 January 1950" and no further details, it's impossible to provide a case summary in the format requested. Article 18 of the Indian Constitution deals with the abolition of titles. There is no specific case titled "Article 18 in Constitution of India." I can, however, provide a general summary based on the constitutional provision itself and typical issues that arise under it.

Short Summary

Article 18 of the Indian Constitution abolishes titles, except for military and academic distinctions. It prohibits the State from conferring any title on any citizen or non-citizen. Citizens of India are also prohibited from accepting any title from any foreign State. The purpose is to establish social equality and prevent the creation of a privileged class.

Facts

Article 18 is a fundamental right guaranteed by the Constitution. The article itself is the primary "fact." The historical context is the desire to dismantle vestiges of the colonial era and princely states, which often involved hereditary titles and privileges.

Issues

What constitutes a "title" within the meaning of Article 18?
Does the acceptance of awards like Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri violate Article 18?
What is the scope of permissible military and academic distinctions?
Does the prohibition extend to titles conferred by private organizations?

Arguments (Hypothetical - based on potential challenges)

Petitioner (Challenging an Award): The award in question is a "title" because it confers a special status and distinction, violating the principle of equality enshrined in Article 14 and the prohibition in Article 18.
Respondent (Government Defending an Award): The award is not a "title" but a recognition of meritorious service and contribution to society. It does not create a hereditary or privileged class and is consistent with the spirit of the Constitution.

Court's Reasoning (Hypothetical - based on precedent)

The Supreme Court, in Balaji Raghavan v. Union of India (1996), addressed the issue of national awards. The Court held that the Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri are not "titles" within the meaning of Article 18 if they are not used as suffixes or prefixes to the awardee's name. The Court emphasized that the awards should not be used in a manner that creates a hierarchy or suggests a claim to special status. The Court also laid down guidelines for the conferment of these awards to ensure transparency and objectivity.

Conclusion

Article 18 prohibits the State from conferring titles (except military and academic distinctions) and citizens from accepting titles from foreign states. The Supreme Court has clarified that national awards are not titles if used properly. The underlying principle is to prevent the creation of a privileged class and uphold the principle of equality. No specific relief is applicable in this general summary, but in a specific case challenging an award, the relief sought might be the revocation of the award or a prohibition on its use as a title.