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  • Article 17 and Article 18 of Indian Constitution

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    Article 17 abolishes untouchability and forbids its practice in any form, making the enforcement of any disability arising from untouchability a punishable offense. It is connected to Article 15, which prevents the denial of access to public places based on untouchability. Several laws have been enacted to enforce Article 17, including the Untouchability (Offences) Act, 1955. Article 18 abolishes all titles except military or academic distinctions for Indian citizens and prevents the acceptance of foreign titles without presidential consent for those holding public office or trust.

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    Article 17 abolishes untouchability and forbids its practice in any form, making the enforcement of any disability arising from untouchability a punishable offense. It is connected to Article 15, which prevents the denial of access to public places based on untouchability. Several laws have been enacted to enforce Article 17, including the Untouchability (Offences) Act, 1955. Article 18 abolishes all titles except military or academic distinctions for Indian citizens and prevents the acceptance of foreign titles without presidential consent for those holding public office or trust.

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    290 views10 pages

    Article 17 and Article 18 of Indian Constitution

    Uploaded by

    Shubham Singh
    Article 17 abolishes untouchability and forbids its practice in any form, making the enforcement of any disability arising from untouchability a punishable offense. It is connected to Article 15, which prevents the denial of access to public places based on untouchability. Several laws have been enacted to enforce Article 17, including the Untouchability (Offences) Act, 1955. Article 18 abolishes all titles except military or academic distinctions for Indian citizens and prevents the acceptance of foreign titles without presidential consent for those holding public office or trust.

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    of 10

    Article 17 and Article 18 of Indian

    Constitution
    Poonam Kumari
    Assistant Professor
    Department of Law and Governance
    CUSB, Gaya, Bihar
    Article 17: Abolition of Untouchability

    • “Untouchability” is abolished and its practice in any form

    is forbidden. The enforcement of any disability arising out

    of Untouchability” shall be an offence punishable in

    accordance with law.


    Two Declarations of Article 17

    1. “Untouchability is abolished and its practice in any form is


    forbidden.

    2. The enforcement of any disability arising out of


    “untochability” shall be an offence punishable in accordance
    with law.
    Connection with Article 15
    • On the ground of untochability no person can be denied
    access to shops, public restaurants, hotels and places of
    public entertainment or the use of wells, tanks, bathing
    ghats, roads and places of public resort, maintained
    wholly or partly out of State funds, or dedicated to the use
    of general public.
    • Here we can connect Article 15 with Article 17 as
    discussed earlier in our discussion.
    Legislations enacted for the enforcement of Article 17

    • For the efffective enforcement of the declaration


    contained in this article, the Constitution contemplates
    penal laws specifying the various acts which are to be
    prohibited and penalised.
    • According to Article 35 of the Constitution, Parliament
    alone is given the power to make laws for prescribing
    punishments for those acts.
    Laws related to the Prohibiton of Untouchability
    • Untouchabilty (Offences) Act, 1955, renamed as
    Protection of Civil Rights Act, 1955.
    • Case Law:
    • State of Karnataka v. Appa Balu Ingale, AIR 1993 SC
    1126
    Article 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
    foreigh State
    contd...

    • (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.
    • Article 18 totally prohibits any kind of title awarded to any
    citizen of India in any form.
    • Awards introduced by the Govt. of India, namely, Bharat
    Ratna, Padma Vibhushan, Padma Bhushan and Padma
    Shri for exceptional and distinguished service in any field
    including public service are exception to Article 18.
    • This concept has been borrowed from the Constitution of
    USA.
    THANK YOU

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