The government of India Instituted Bharat Ratna and Padma Shri awards under
- AArticle 14 of the Indian constitution
- BArticle 18 of the Indian constitution
- CArticle 25 of the Indian constitution
- DArticle 32 of the Indian constitution
Solution & Step-by-step Explanation
The question asks about the specific article of the Indian Constitution under which the Government of India instituted prestigious civilian awards such as the Bharat Ratna and Padma Shri. Understanding the constitutional provisions related to titles and distinctions is essential here.
Article 18 and National Awards
The Bharat Ratna and Padma Shri, along with other Padma awards like Padma Vibhushan and Padma Bhushan, are national civilian awards conferred by the Government of India for exceptional service or performance in any field of human endeavor. These awards were instituted with due consideration of the provisions of the Indian Constitution, particularly Article 18.
Article 18 of the Indian Constitution deals with the "Abolition of Titles." It aims to prevent the creation of artificial distinctions and promote equality. Here's a breakdown of its clauses:
- Article 18(1): This clause states, "No title, not being a military or academic distinction, shall be conferred by the State." This means that the State is prohibited from granting hereditary titles or titles that create artificial social hierarchies. However, it explicitly allows for military and academic distinctions.
- Article 18(2): This clause prohibits an Indian citizen from accepting any title from any foreign state.
- Article 18(3): This clause states that a person who is not an Indian citizen, but holds any office of profit or trust under the State, cannot accept any title from any foreign state without the President's consent.
- Article 18(4): This clause states that a person holding any office of profit or trust under the State cannot accept any present, emolument, or office of any kind from or under any foreign state without the President's consent.
The Supreme Court of India, in the landmark case of Balaji Raghavan vs. Union of India (1996), clarified that the Bharat Ratna and Padma awards are not "titles" within the meaning of Article 18. These are considered "awards" or "decorations" given for meritorious service and achievements, and their conferment does not violate the constitutional prohibition against titles. However, the Court also ruled that these awards cannot be used as prefixes or suffixes to the awardees' names to prevent them from becoming titles.
Constitutional Articles Analysis
Let's examine why the other options provided are not the correct constitutional basis for these awards:
- Article 14 of the Indian Constitution: This article guarantees "Equality before law and equal protection of the laws." While the principle of equality is fundamental, Article 14 primarily deals with equal treatment by the law and does not specifically govern the institution or conferment of national awards.
- Article 25 of the Indian Constitution: This article deals with "Freedom of conscience and free profession, practice and propagation of religion." It is part of the Fundamental Rights related to freedom of religion and has no direct relevance to the institution of national civilian awards.
- Article 32 of the Indian Constitution: This article provides "Remedies for enforcement of rights conferred by this Part." It grants citizens the right to move the Supreme Court for the enforcement of their Fundamental Rights. This article is about constitutional remedies and not about the government's power to institute awards.
Awards Legal Basis
Therefore, the institution of Bharat Ratna and Padma Shri awards by the Government of India aligns with the spirit and letter of the Indian Constitution, specifically operating within the scope defined by Article 18, which permits distinctions that are not hereditary or class-creating titles but rather recognitions of merit and service.
Article 18 and National Awards
The Bharat Ratna and Padma Shri, along with other Padma awards like Padma Vibhushan and Padma Bhushan, are national civilian awards conferred by the Government of India for exceptional service or performance in any field of human endeavor. These awards were instituted with due consideration of the provisions of the Indian Constitution, particularly Article 18.
Article 18 of the Indian Constitution deals with the "Abolition of Titles." It aims to prevent the creation of artificial distinctions and promote equality. Here's a breakdown of its clauses:
- Article 18(1): This clause states, "No title, not being a military or academic distinction, shall be conferred by the State." This means that the State is prohibited from granting hereditary titles or titles that create artificial social hierarchies. However, it explicitly allows for military and academic distinctions.
- Article 18(2): This clause prohibits an Indian citizen from accepting any title from any foreign state.
- Article 18(3): This clause states that a person who is not an Indian citizen, but holds any office of profit or trust under the State, cannot accept any title from any foreign state without the President's consent.
- Article 18(4): This clause states that a person holding any office of profit or trust under the State cannot accept any present, emolument, or office of any kind from or under any foreign state without the President's consent.
The Supreme Court of India, in the landmark case of Balaji Raghavan vs. Union of India (1996), clarified that the Bharat Ratna and Padma awards are not "titles" within the meaning of Article 18. These are considered "awards" or "decorations" given for meritorious service and achievements, and their conferment does not violate the constitutional prohibition against titles. However, the Court also ruled that these awards cannot be used as prefixes or suffixes to the awardees' names to prevent them from becoming titles.
Constitutional Articles Analysis
Let's examine why the other options provided are not the correct constitutional basis for these awards:
- Article 14 of the Indian Constitution: This article guarantees "Equality before law and equal protection of the laws." While the principle of equality is fundamental, Article 14 primarily deals with equal treatment by the law and does not specifically govern the institution or conferment of national awards.
- Article 25 of the Indian Constitution: This article deals with "Freedom of conscience and free profession, practice and propagation of religion." It is part of the Fundamental Rights related to freedom of religion and has no direct relevance to the institution of national civilian awards.
- Article 32 of the Indian Constitution: This article provides "Remedies for enforcement of rights conferred by this Part." It grants citizens the right to move the Supreme Court for the enforcement of their Fundamental Rights. This article is about constitutional remedies and not about the government's power to institute awards.
Awards Legal Basis
Therefore, the institution of Bharat Ratna and Padma Shri awards by the Government of India aligns with the spirit and letter of the Indian Constitution, specifically operating within the scope defined by Article 18, which permits distinctions that are not hereditary or class-creating titles but rather recognitions of merit and service.