Articles 16, 17 and 18 of the Constitution of India

Articles 16, 17 and 18 form part of the Fundamental Rights in Part III of the Constitution. They address equality of opportunity in public employment, the constitutional abolition of untouchability, and restrictions on the conferment and acceptance of titles.

On this page

Article 16 - Equality of opportunity in matters of public employment

Meaning: Article 16 is the Constitution's specific equality guarantee for employment or appointment to an office under the State. It protects equal opportunity while also permitting constitutionally authorised measures such as residence requirements made by Parliament and specified forms of reservation.

The current Article 16 contains six clauses. In substance:

  1. There must be equality of opportunity for all citizens in matters relating to employment or appointment to an office under the State.
  2. A citizen cannot, on the prohibited grounds specified in Article 16(2), be made ineligible for or discriminated against in respect of State employment or office.
  3. Parliament may make a law prescribing a residence requirement for specified classes of public employment or appointment.
  4. The State may provide reservation of appointments or posts for a backward class of citizens that, in the State's opinion, is not adequately represented in State services.
  5. Article 16(4A) permits the State, subject to its constitutional terms, to provide reservation in promotion with consequential seniority for Scheduled Castes and Scheduled Tribes where they are not adequately represented in State services.
  6. Article 16(4B) deals with reserved vacancies carried forward to a succeeding year or years and their treatment for the fifty per cent ceiling specified in that clause.
  7. Article 16(5) preserves laws requiring the holder of an office connected with a religious or denominational institution, or a member of its governing body, to profess a particular religion or belong to a particular denomination.
  8. Article 16(6) permits the State to make provision for reservation, subject to the constitutional limit stated in that clause, for economically weaker sections of citizens other than the classes mentioned in Article 16(4), in addition to existing reservation.
For authoritative wording, amendments and footnotes, consult the latest official text of the Constitution of India rather than relying only on a summary.

Article 17 - Abolition of untouchability

Meaning: Article 17 abolishes "Untouchability", forbids its practice in any form, and makes enforcement of a disability arising from "Untouchability" an offence punishable according to law. The constitutional provision is implemented principally through legislation including the Protection of Civil Rights Act, 1955.

The Protection of Civil Rights Act, 1955 provides statutory offences and penalties relating to the practice of "untouchability" and disabilities arising from it. Depending on the facts, other legislation, including the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, may also be relevant.

Article 18 - Abolition of titles

Meaning: Article 18 restricts the State from conferring titles and regulates acceptance of titles, presents, emoluments and offices connected with foreign States.

  1. The State cannot confer a title other than a military or academic distinction.
  2. No citizen of India may accept a title from a foreign State.
  3. A non-citizen holding an office of profit or trust under the State cannot accept a title from a foreign State without the President's consent.
  4. A person holding an office of profit or trust under the State cannot, without the President's consent, accept a present, emolument or office of any kind from or under a foreign State.