Concept of Sovereignty

Introduction

Sovereignty is a foundational concept in political and legal theory, referring to the supreme authority within a territory. It denotes the ultimate power of the state to govern itself without any external interference. The term is derived from the Latin word superanus, meaning supreme or paramount.

Historical Evolution

The idea of sovereignty gained prominence during the formation of modern nation-states, particularly after the Treaty of Westphalia (1648), which emphasized the authority of states over their internal affairs. Thinkers like Jean Bodin, Thomas Hobbes, and John Austin significantly shaped the modern understanding of sovereignty.

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Types of Sovereignty

1. Legal Sovereignty
   Refers to the body or authority legally entitled to make laws—typically the legislature in a democratic state. It is the ultimate source of law within the legal system.
2. Political Sovereignty
   Denotes the real power behind legal sovereignty. For example, in a democracy, the electorate holds political sovereignty, as elected representatives derive authority from them.
3. Internal Sovereignty
   Refers to the state’s supreme authority over all individuals and associations within its territory.
4. External Sovereignty
   Refers to the state’s independence from foreign control. It signifies the state’s ability to engage in international relations on its own terms.
5. Popular Sovereignty
   A concept where sovereignty resides in the people, who are the ultimate source of all political power. It is a fundamental aspect of democratic systems.

Key Theories of Sovereignty

1. Austin’s Theory (Legal/Monistic View)
   John Austin defined sovereignty as the power of a determinate human superior who is habitually obeyed by the bulk of society and does not himself obey any other earthly authority. This theory emphasizes legal command and authority.
2. Pluralist Theory
   Opposed to Austin, pluralist thinkers like Harold Laski and G.D.H. Cole argue that sovereignty is not absolute and is shared among various associations and institutions within the state (e.g., churches, trade unions).
3. Jean Bodin’s Theory
   Bodin defined sovereignty as “the absolute and perpetual power of a Republic,” emphasizing the indivisible and absolute nature of state authority.
4. Hobbes’ Theory
   Thomas Hobbes viewed sovereignty as absolute and undivided, necessary to maintain order in a society governed by a social contract.

Sovereignty in the Indian Context

India’s Constitution reflects the idea of popular sovereignty, with power ultimately resting in the hands of the people. The Preamble declares India as a “Sovereign Socialist Secular Democratic Republic,” affirming both internal and external sovereignty.

• Parliament is the legal sovereign within the constitutional framework.
• The judiciary acts as a guardian of constitutional sovereignty through judicial review (e.g., Kesavananda Bharati v. State of Kerala, where the Supreme Court upheld the basic structure of the Constitution).

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Challenges to Sovereignty

1. Globalization
   Multinational corporations, international treaties, and organizations (like WTO, UN) limit state autonomy in some spheres.
2. Human Rights Regimes
   International human rights norms sometimes supersede national laws, impacting the traditional notion of absolute sovereignty.
3. Internal Conflicts
   Separatist movements and insurgencies can challenge internal sovereignty.
4. Supranational Organizations
   Membership in organizations like the European Union often requires surrendering part of national sovereignty.

Conclusion

Sovereignty remains a vital concept in understanding the authority and functioning of modern states. While classical theories viewed sovereignty as absolute and indivisible, contemporary realities have led to a more nuanced, flexible, and shared understanding. In democratic societies, sovereignty is increasingly seen as residing in the people and exercised through constitutional institutions.