Article 18

Article 18 of the Constitution of India embodies the democratic and egalitarian spirit of the nation by abolishing the practice of conferring titles that could create artificial social hierarchies or distinctions among citizens. It forms an integral part of the Fundamental Rights under Part III, reinforcing the principle of equality before law enshrined in Article 14 and reflecting India’s commitment to the ideals of liberty, equality, and fraternity.

Historical Context

The inclusion of Article 18 was influenced by India’s historical experience under colonial rule. During the British Raj, titles such as Rai Bahadur, Khan Bahadur, and Sir were conferred upon select individuals as a mark of honour and loyalty to the colonial administration. These titles perpetuated social divisions and elitism, symbolising privilege and favour rather than merit.
The framers of the Constitution sought to break away from these feudal and aristocratic traditions, ensuring that the new Republic of India recognised only merit, service, and equality as the bases of social distinction. Consequently, Article 18 was incorporated to permanently abolish all forms of titular hierarchy inconsistent with the democratic ethos of the nation.

Text and Clauses of Article 18

Article 18 consists of four clauses that collectively prohibit the conferring and acceptance of titles by Indian citizens and those serving under the State.

1. Clause (1):“No title, not being a military or academic distinction, shall be conferred by the State.”
   • This clause prohibits both the Union and State Governments from conferring any titles upon individuals.
   • The only exceptions permitted are military and academic distinctions, such as military honours (e.g., Param Vir Chakra, Ashoka Chakra) and academic degrees (e.g., Doctorates or Honorary Titles) awarded by recognised institutions.
2. Clause (2):“No citizen of India shall accept any title from any foreign State.”
   • This provision bars Indian citizens from accepting titles or honours from foreign governments, thereby preventing the emergence of a class of citizens enjoying privileged status based on foreign recognition.
3. Clause (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.”
   • This clause extends the restriction to non-citizens employed in any public office or position of trust within India.
   • Such individuals may accept foreign titles only with prior consent from the President of India.
4. Clause (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.”
   • This clause ensures that public servants do not receive foreign gifts, rewards, or emoluments without approval, thereby preventing any conflict of interest or influence of foreign powers in domestic governance.

Objectives and Significance

Article 18 serves several vital constitutional objectives:

• Elimination of Social Hierarchies: It seeks to eradicate the remnants of feudalism and aristocracy that once divided Indian society into privileged and non-privileged classes.
• Promotion of Equality: By preventing any form of titular distinction, it ensures the equal status of all citizens, upholding the broader principle of equality guaranteed by Article 14.
• Protection of National Integrity: It prevents the creation of external loyalties through the acceptance of foreign titles or honours.
• Strengthening of Meritocracy: Distinctions based solely on achievement, such as academic and military awards, are preserved, promoting recognition based on merit and service rather than inherited or bestowed privilege.

Military and Academic Exceptions

The exceptions under Article 18(1) are carefully limited:

• Military Distinctions: Awards such as Param Vir Chakra, Maha Vir Chakra, and Vir Chakra honour acts of exceptional courage and valour in the defence of the nation.
• Academic Distinctions: Degrees or honorary doctorates conferred by universities and recognised institutions reward intellectual or scholarly achievement.

These exceptions are merit-based and non-hereditary, thus consistent with the egalitarian ethos of the Constitution.

Relation to National Awards

A significant debate arose regarding whether national honours such as Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri violate Article 18. The matter was settled in Balaji Raghavan v. Union of India (1996), where the Supreme Court held that these national awards do not amount to “titles” within the meaning of Article 18 because:

• They are not hereditary and do not attach any special privileges or authority.
• They are awarded for distinguished service in various fields of national importance.
• The recipients are not permitted to use these awards as titles before their names, though they may use them as post-nominal references (e.g., R.K. Narayan, Padma Vibhushan).

Thus, the Court clarified that national awards are constitutional recognitions of merit, not instruments of social inequality.

International Comparison

The prohibition on conferring titles under Article 18 aligns India with other modern democratic constitutions. For example:

• United States: The U.S. Constitution (Article I, Section 9) prohibits the granting of titles of nobility and forbids officeholders from accepting foreign gifts or honours without congressional consent.
• France: After the French Revolution, all hereditary titles were abolished to establish a republic based on equality and citizenship.
• Ireland: The Irish Constitution also forbids citizens from accepting foreign titles without governmental approval.

These global parallels reflect a shared democratic principle — the rejection of hereditary privilege and artificial hierarchy.

Related Judicial and Constitutional Developments

• Keshavananda Bharati v. State of Kerala (1973):The Supreme Court, while formulating the Basic Structure Doctrine, emphasised that equality and the republican form of government form part of the Constitution’s basic structure. Article 18 directly supports these principles by ensuring equal status among all citizens.
• Indira Gandhi v. Raj Narain (1975):The Court reiterated that democracy is founded upon equality and non-discrimination, reinforcing the spirit underlying Article 18.

Although no major litigation has arisen directly under Article 18, these cases indirectly affirm its significance within the broader equality framework.

Implementation and Presidential Authority

Under Article 18(3) and (4), the President of India acts as the authority empowered to grant or withhold consent when individuals in public service seek to accept foreign titles, gifts, or emoluments. This safeguard ensures that public officials remain accountable to the Indian State alone and that their actions are free from foreign influence or inducement.

Public Policy and Democratic Values

Article 18 reinforces key democratic and social values:

• Equality and Uniformity: It ensures that no person enjoys special privileges by virtue of birth or State-granted titles.
• Integrity in Public Service: It prevents the misuse of power or status conferred by foreign entities.
• National Unity: It fosters a sense of equal citizenship, free from feudal divisions.
• Merit-Based Recognition: It promotes genuine achievement through non-hereditary distinctions, aligning with modern democratic ethics.

Continuing Relevance

In modern India, Article 18 retains immense symbolic and practical relevance. While feudal titles have long been abolished, social hierarchies and status symbols persist in various forms. The spirit of Article 18 thus extends beyond its literal meaning — it is a reminder of the constitutional commitment to social equality and humility in public life.