Balaji Raghwan v. Union of India: Defining the Limits of Honorary Titles in Modern India

                        

Balaji Raghwan v. Union of India

Citation: AIR 1996 SC 770

Court: Supreme Court of India

Judges: Justice A.M. Ahmadi, Justice K. Ramaswamy, and Justice B.L. Hansaria

Date of Judgment: December 13, 1995

Background

Balaji Raghwan v. Union of India The question that fell for consideration in the instant case was the constitutional validity of awards and decorations such as the Padma awards, namely, Padma Vibhushan, Padma Bhushan, and Padma Shri conferred by the Government of India. The petitioner, Balaji Raghwan had questioned the validity of such awards as being violative of the equality principle under the Indian Constitution, particularly under Article 18(1), which prohibits titles. The basic controversy was that such awards given amounted to "titles", which were proscribed by Article 18 of the Constitution of India.

Legal Problems

Constitutionality of Awards: The awards, namely, Padma Vibhushan, Padma Bhushan, and Padma Shri, infract Article 18(1) of the Constitution of India-which says, "No title, not being a military or academic distinction, shall be conferred by the State."

Principles of Equality: Whether such awards violate the equality principle in drawing an invidious distinction between awardees and citizens at large.

Arguments

Applicant : The contention of Balaji Raghwan was that the Padma awards were being misused as titles and, therefore, contravened Article 18 of the Constitution. He contended that these awards perpetuated distinctions which the Constitution sought to abolish and created a class system amongst the citizens.

Respondent : The Union of India, on the other hand, urged that these awards were no "titles" within the inhibition of Article 18(1) but merely recognitions of meritorious service of a high order in various domains such as art, literature, science and public services. The awards did not confer any privilege nor did they give rise to any social distinction.

Judgment

Supreme Court held that the Padma awards did not violate Article 18 of the Indian Constitution. The Court observed as under:

Recognition vs. Title: The Court explained that awards in the nature of Padma awards are methods of recognizing merit/achievements in respective fields and no "titles" as understood within the prohibition of Article 18 are conferred. They confer no special status or privilege on such persons.

No Infringement on Equality: The Court held that such awards do not infringe the right to equality since they do not make a class or caste of citizens superior to others.

Awards as Incentives: They act as an incentive for citizens in order to develop themselves in one field or another and help the nation march forward. They are in the nature of recognition, plus encouragement, rather than a title being conferred in relation to any other, which could imply discrimination.

Guidelines for Award Conferment: They also recommended that clear guidelines and objective criteria be evolved regarding the conferment of these awards to keep away the possibility of arbitrariness and the misfeasance arising thereof.

Importance

The Balaji Raghwan case was a landmark judgment that had upheld the constitutional validity of state-sponsored awards given to recognize distinction in various fields. It explained the difference between awards and titles, confirming the view that so long as awards do not impart any special privilege or status, an award would not be violative of the equality provisions under the Constitution .The judgment, in a way, brought out the analogy of recognizing and rewarding social services without transgressing constitutional precepts, thus establishing a proper balance between state recognition and constitutional mandates.