Keywords of the Preamble: Sovereign

Any statement at the initial phase of a document that specifies the objectives, nature, inspiration of the document provided is normally known as the preamble of the document. In the Indian constitution, the preamble was adopted on 26 November 1949; however, it became effective on 26 January 1950 (Republic day). The text of the preamble contains eight keywords, and sovereign, which means an independent authority, is a part of that eight keywords. Sovereign, without any reference, implies the authority or power of a state that is solely independent. The word has been taken from the article of the constitution of Ireland for the Indian constitution, and it was present in the preamble from when it was drafted, unlike some keywords added after the 42nd amendment. In every state, sovereignty is assigned to the person, body, or institution with supreme authority over other individuals to make a law or amend one already in existence.

History

There is a principle known as the principle of popular sovereignty, which depicts that the root of governmental powers stays with the people. The base of this principle is the basic theory of social contract. There was an English philosopher who mentioned in his book ‘The leviathan’ that in the ‘state of nature’, people basically were ruthless and selfish, and that is why looking solely for their survival, they backed off from their rights and gave it all to the authorities who can protect them and help them to live. The idea of this popular sovereignty depicts that the people under state control have all the right to be equally represented in the rule framing body. The idea of this popular sovereignty can be spotted in Rome at the time of Julius Caesar. In the modern era, this concept was adopted by J. J Rousseau (A French philosopher and political thinker).

For the people of the country to be fully sovereign, they must ‘identify the constitutional form, the political and juridical form, and the state’s idea for the community’.

Now, let us know the origin of the word ‘Sovereign’. The word ‘Sovereign’ has been borrowed from the old word ‘Souverain’ (French), and this French word was derived from ‘Superanus’ (Latin). In the Indian constitution, the word has been taken from article 5 of Ireland’s constitution, which states that – The state is declared “sovereign, independent, and democratic”.

Meaning of Sovereign

As an English word, the meaning of sovereign can be related to anyone dealing with great political power and is an acknowledged supreme leader. Earlier the word sovereign was used as monarch very frequently; the meaning has developed with time now. 

Without any other reference, Sovereign implies that the state has its independent authority or power. The Indian constitution depicts that India is not a dominion of any other country but a solely independent state. It has all the authority and power to deal with and conduct its matters. The authority is of two types; one is internal and the other external. Internal sovereignty deals with the relation between the individuals of a certain state and the state itself. It (Internal sovereignty) is divided into four parts – the legislature, the executive, the judiciary and the administrative. However, external sovereignty refers to the sovereignty attached to international law. The state is not dependent on any other state for its affairs. It is independent of the will of other nations for her dealing process with other states. In India, the external sovereignty is maintained by the fact that it can give up any part of Indian territory and take over any foreign territory according to the constitution at that time. 

Concept of a Sovereign state

In sovereignty, the governing body has the sole control over itself; it has all the rights to deal with its matters. However, practising sovereignty does not mean isolating the state from other nations. The state must engage and participate with the other nations following a specific set of international rules. The Indian constitution, in its preamble, included sovereign as a keyword, and it was necessary to turn the Indian republic into a sovereign republic. Article 51 (c) of the constitution abides the citizens of a country ‘to uphold and protect India’s sovereignty, unity, and integrity.’ It states that it shall be the duty of citizens to follow the constitution and respect its ideals and institutions. In addition, this article makes it necessary for the government to ‘increase and promote the respect for international law’. It can be said that an authority’s right to claim sovereignty is not restricted.

Conclusion

In the Indian constitution, the preamble affirms that on 26 November 1949, the people of our country adopted and enacted the constitution, ‘having solemnly resolved to constitute India into a sovereign democratic republic’, which denotes that the people of state directly give the power of sovereignty. In 1949, India declared the continuation of her total membership of the commonwealth of nations and accepted the British crown as the head of the commonwealth. Sovereign, as one of the keywords of the preamble, denotes the independent nature of any state and the power of the state to deal with its matters without any dependency. Sovereignty can be defined as the supremacy of the constitution.