ABOLITION OF

UNTOUCHABILITY

AND

TITLES

UNDER THE

INDIAN CONSTITUTION

FEBA ELIZABETH GEORGE

19BLA1048
 ABOLITION OF UNTOUCHABILITY

• Article 17 of the Constitution of India provides that “Untouchability” is abolished and its practice in any
form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be punishable in
accordance with the law.

• “Untouchability” is not defined in the constitution nor in any act.

• In Jai Singh v Union of India, it was held that the subject matter of article is not untouchability in its literal
sense, but the practices which developed historically in India.

• This provision enacts two declarations:

I. Untouchability is abolished and its practices in any form is forbidden.
II. If a person seeks to enforce any disability, arising out of untouchability, he will be punished as per law.
• In excess of the power under article 35 , parliament has enacted Untouchability (offenses) 1955.

• Then a committee on Untouchability, Economic and Educational Development of the Scheduled

Castes was formed to make recommendation on this act.

• It was amended in 1976 and renamed it as Protection of Civil Rights Act, 1955.

• The act declares certain acts as offences when done on ground of untouchability and prescribe the
punishment.

• Article 15 (2) is also relevant for the purpose of abolition of untouchability.

 State of Karnataka v Appa Balu Ingale

Pavadai v State of Madras

C A S E L AW S
Surya Narayan Choudhary v State of Rajasthan
 ABOLITION OF TITLES

Article 18 of the Indian Constitution provides

(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.

Whether Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri is in violate this article?
 Balaji Raghavan v Union Of India

 Bala v Union Of India

 Union of India v Bijan Ghosh