SOVEREIGNITY

 SOVEREIGNTY

• Sovereignty  denotes the supreme power of the state. It is the supreme power over all individuals and associations.

DEFINITION: 

"Sovereignty is the supreme power over the citizens and subjects unrestrained by laws".

Sovereignty and its Importance

Sovereignty is the most important feature which differentiate the state from other associations which have no sovereign power. The state can maintain unity and integration when it has supreme power. States constitutes many societies and thus sovereign authority is essential to maintain order in society for proper regulation and activity of individuals. State with sovereignty gives protection to the citizens from any external threat or internal disturbances.

Notion of the Sovereignty 

In the east, there was no concept of sovereignty in the sense it is understood today. Sovereignty under ancient Hindu law lay finally with god but was delegated to king and to the people. The king was a servant of the people. Thus, it was a settled principle of ancient Hindu philosophy that the final sovereignty was with God and that the evil doer who escapes punishment here would be punished by Yama.

In the west, the notion of sovereignty as Supreme legislator owes its origin to three main historical sources.

First, there were Roman Emperors who had the force of law. The Roman Emperors developed a theory of universal power (sovereignty).

Secondly, during so called Dark Ages which followed the fall of Roman Empire and the succeeding feudalism, the Pope of Rome became the central authority. The feudal society was unable to provide for the unity of power. The conflict between the Roman Empire and Roman Church raised the question whether the spiritual power or the temporal power was supreme. During the middle ages, when secular laws had largely lapsed into a mass of local customs, Emperors and Kings were more concerned with the problem of extending their powers. Now the King became the absolute owner of the territory under and territorial sovereignty came into existence. The Pope of Vicar of Christ on earth as the unique expounder alone possessed sovereignty.

Thirdly, the concept of sovereignty owes its origin to the period of Reformation and Renaissance.

The Reformation caused the overthrow of the universal authority of the pope. A number of nation-state emerged, thus  the King became free from all external control.

The Renaissance brought the idea of the nation state. Thus, Territorial state emerged.

The authority or power of the state is known as Sovereignty and the states having this power are called Sovereignty States.

Nature of Sovereignty

• Absoluteness
• Universality
• Indivisible
• Permanence
• Inalienability
• Exclusiveness

Characteristics of Sovereignty

• Sovereignty is essential in the state.
• Sovereignty power is indivisible
• It is unlimited and illimitable
• In every independent political community, there is some single person or body of persons who exercise sovereign power.
• The Sovereign is determinate person or body of  persons.
• Most of the people obey the sovereign's orders as a matter of regular habit.
• Sovereign is the law maker and has no rival or equal status in the state.

Types of Sovereignty

• Legal Sovereignty
• Political Sovereignty
• Titular Sovereignty (Nominal)
• Real Sovereignty
• National Sovereignty
• Popular Sovereignty

Legal Sovereignty

Sovereignty can be Legal as well as Political. Legal Sovereign is that authority which has the legal power to issue finals commands. Legal sovereign is that person or body of persons who by law, possesses authority to issue the highest orders in the state. Court recognize the legal sovereignty. Disobedience to the legal sovereignty results in punishment.

Features

• It is always definite, determinate, organized, precise and known to law.
• It alone has the power to issue commands.
• Disobedience to its laws means punishment.
• All legal rights emanate from the legal sovereign and it can withdraw or annul them at its will.
• The authority of the legal sovereign is absolute and unlimited and supreme.
• It may reside either in the person of a Monarch or it may be vested in a body of persons as in a democracy.

Political Sovereignty

Political sovereignty is the body whose will is ultimately obeyed by the citizens of the state. It is indefinite and is not recognized by courts. It is supreme and highest in democracy. It is identified with the community or with the mass or public opinion. The will of the people is expressed through elections, public meetings, press. In democracy, political sovereignty is identified with  the electorate, that is the body of citizens who have the right to vote. In democracy, the legal sovereign does what the political sovereign desires. Similarly, in a democracy, the law-making body cannot ignore public opinion. The electorate exert its influence on legal sovereignty through the press, platform, literature, election, etc.

Relation between Legal and Political Sovereignty

• The relation between the legal sovereign and the political sovereign is intimate and organic.
• They are two aspects of the sovereignty of the state like the observe and reverse of the same coin.
• They constantly  act and react on each other. Ultimately the legal sovereign should manifest the will of the political sovereign.
• In a Direct democracy, there is no difference between the legal sovereign and political sovereign.
• In an Indirect democracy, legal sovereignty belongs to the legislature and political sovereignty belongs to the electorates.
• The legal sovereign simply translates the wishes of the political sovereign into laws.

Titular  Sovereignty ( Nominal)

Titular or Nominal sovereignty is that power possessed by a person only in name or title. He is sovereign only in name but not in reality. Although outwardly the power is vested in one person, the real power is enjoyed by another. The Queen or King in Britain and the President of India are the examples of Titular sovereign.

Real Sovereignty

Real Sovereignty is the power possessed and exercised by an individual or body of individuals in actual practice. In this type, the sovereign is the real head of the state and government. The people are controlled and ruled by the real sovereign. At present, the real sovereign  in the United Kingdom is the King in parliament. Similarly, the president of the USA and the cabinet  in India are the Real Sovereigns.

National Sovereignty

The sovereign authority vested in a nation is National Sovereignty. The Term "National Sovereignty" was first coined by the French Revolutionaries in the "Declaration of the  Rights of Man". This concept indicates that the sovereignty does not lie in the absolute monarch but in the nation. National sovereignty is the sources of inspiration behind the principles, "one nation, one state", making this sovereignty an abstract concept.

Popular Sovereignty

Popular Sovereign means the supreme power in the state. It regards the people as the source of all authority in the state. The doctrine of Popular sovereignty forms the basis of democracy. It is not definite. This concept of popular sovereignty is vague and indefinite as people sometimes are unorganized and certain and thus it lacks organization and depends on external agencies. An unorganized and indeterminate mass cannot be called as s0vereign. Further, the electorate, too, do not rule directly. Furthermore, the electorate does not include all the people. Hence, the idea of  Popular sovereign is confusing. Despite its weakness, the importance of Popular sovereignty cannot be discounted.