Sovereignty

Sovereignty means supreme power within a territory, derived from old French word Souverain.

In political sense, it is the ultimate power or authority in the process of decision making of the state and to maintain an order. 

In simple terms, the state is free of any external interference in its own affairs.   

In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law.  

The use of the term “Sovereignty” in Political Science dates back to the publication of Bodin’s “The Republic” in 1576.

“Sovereignty is that characteristic of the state by virtue of which it cannot be legally bound except by its own or limited by any power other than itself.” –Jellinek  

Sovereignty: Indian context

• The Preamble of the Indian constitution declares India to be a “Sovereign” country, implying that India has its own supreme law and is not subject to the laws of any other state or nation.
• The Preamble to the Indian Constitution affirms that the power of the constitution is derived from the people giving the sovereignty to the people.
• According to the principle of popular sovereignty, the people’s united will is the supreme authority of the land and for the principle to be accumulated into the legal framework of the country, the supremacy of the people must predate the law of the land.
• Unlike in UK where parliament is sovereign, in India people are sovereign as Indian constitution derives its power from the people.

Sovereignty: Aspects

 There are two aspects of sovereignty – internal sovereignty and external sovereignty.

• Internal sovereignty: Internal Sovereignty means some persons, assembly of group of persons in every independent state have the final legal authority to command and enforce obedience. This sovereignty exercises its absolute authority over all individuals or associations of the individuals within the state.
• External sovereignty: External sovereignty refers to the sovereign’s ability to interact with other states and international organizations as an autonomous entity free of foreign rule or influence. 

Sovereignty: Attributes

• Permanence: It is the chief characteristic of sovereignty. Sovereignty lasts as long as an independent state lasts.
• Exclusiveness: By exclusiveness we mean that there cannot be two sovereigns in one independent state and if the two sovereigns exist in a state, the unity of that state will be destroyed. 
• Comprehensiveness and Universality: Every individual and every association of individual is subject to the sovereignty of the state.  
• Inalienability: By inalienability we mean that the State cannot part with its sovereignty. 
• Unity: It is the very spirit of Sovereignty. The sovereign state is united just as we are united. 
• Imprescriptible: By imprescriptible, we mean that if the sovereign does not exercise his sovereignty for a certain period of time, it does not lead to the destruction of sovereignty.  
• Absoluteness: Sovereignty is absolute and unlimited. The sovereign is entitled to do whatsoever he likes.  
• Originality: The sovereign wields power by virtue of his own right and not by virtue of anybody’s mercy.

Doctrine of popular sovereignty says that the authority of a state and its government are created and sustained by the consent of its people, through their elected representatives (rule by the people), who are the source of all political power.  The concept of the social contract is the base of this principle as it believes that the government should work for the benefit of the governed. 

Sovereignty: Limitations 

• Moral limitations: Many early thinkers contended that divine law, natural law, or moral law constrained sovereignty. They largely agreed on religious, moral, and legal values, all of which have an impact on the exercise of sovereignty. 
• Constitutional limitations: Some writers have contended that the state’s constitution limits sovereignty. They distinguish between fundamental or constitutional law and ordinary government laws, claiming the former to be the higher law and the latter lawful only if it is consistent with the former. 
• International limitations: Many contemporary writers believe that a state’s sovereignty is constrained by international law and the treaties and conventions it signs with other countries.  

 Sovereignty: In Globalisation era

Globalization refers to ‘a process of removing government-imposed restrictions on movements between countries in order to create an ‘open’, ‘borderless’, world economy’.

Impact:

• The interference of external state and non-state actors has been increasing in the functioning of sovereign nations, particularly in developing countries on the pretext of human development.
• The role of the State as protector and guarantor of human rights has also undergone significant change. It has been partially transferred to the universal codes regarding human rights thus greatly undermined national sovereignty and citizenship. 
• In the sphere of economy, multinational companies can also have significant influence with regard to policy formation in many national governments and in transnational bodies such as the European Union and the World Bank. 
• The emergence of international economic organisations and trading blocs like European Union, NAFTA, APEC, ASEAN and others, have limited the scope of the operations of state sovereignty in the sphere of international economic relations.
• Increasing international inter-dependence has compelled the state to accept limitations on its external sovereignty. Each state now finds it essential to accept the rules of international economic system, the WTO, the World Bank and the IMF.

However, the sovereignty of a nation in a globalized economy can be protected through strong democratic political institutions, civil societies, media. An appropriate distributive mechanism is required for the distribution of the benefits gained through globalized economy and extend welfare functions of the State.