Sovereignty

Sovereignty- Meaning 

The word sovereignty is derived from the Latin word “superanus“, which means supreme or paramount. Sovereignty is the most important element of the state. It confers legal status on the state’s actions. It’s sovereignty that allows the state to exercise legitimate control over all the laws, rules, policies, and decisions. 

The idea of sovereignty goes back to Aristotle, who spoke of the “Supreme power of the state.”

During the 16th century, French writer Jean Bodin used the term sovereignty in his book titled “Republic” to reinforce the power of the French monarchy over the rebellious feudal lords, then facilitating the transition from feudalism to nationalism.

Sovereignty defined by different thinkers – 

According to Bodin, “Sovereignty is the supreme power of the state over citizens and subjects, unrestrained by the law”.

According to Hugo Grotius, “Sovereignty is the supreme political power vested in him, whose acts are not subject to any other and whose will cannot be overridden.”

J.W. Burgess defined sovereignty as “It is the original, absolute, unlimited power over the individual subject and all the other associations of the subject. It is an un-derived and independent power to command and compel obedience.”

For W.W. Willoughby, “Sovereignty is the supreme will of the state.”

According to Woodrow Wilson, “Sovereignty is the daily operative power of framing and giving efficacy to the laws.”

Aspects of Sovereignty

There are two aspects of sovereignty –

Internal Sovereignty –

• It was introduced by French writer Jean Bodin. 
• Internal sovereignty refers to the absolute and ultimate power of the state.
• It permits exercising supreme control over all citizens, organisations, and associations within the state’s territory.
• The state can exercise control by establishing laws, enforcing laws, and punishing those who violate them.
• In other words, internal sovereignty ensures or authorises a state to have the final word in all the matters that involve the state’s internal affairs.

External Sovereignty –

• It was introduced by Hugo Grotius, who is known as the father of international law.
• External sovereignty means “sovereign equality” of all states. 
• Externally, all the states enjoy the same status on the international level, and no state can exercise control or authority over any other state.
• In external sovereignty, any state can have absolute discretion over all internal matters like a declaration of war and peace.
• Any state is free to pursue its independent foreign policy. 
• In other words, in external sovereignty, a state will not face any interference from the other state.

Characteristics of Sovereignty –

The following are the major characteristics of sovereignty – 

Originality – 

• Sovereignty is the original power of the state. 
• No internal or external organisation can delegate to a state its sovereignty. 
• The state cannot be dependent on any other state for its sovereignty. 
• If the sovereignty of a state is not original, it cannot be called sovereignty. It’s an innate feature of the state.

Permanence –

• Sovereignty is a permanent and indestructible element of the state. 
• As long as a state exists, sovereignty exists. 
• It’s independent of the tenure of the ruling government and passed on from one government to another when a government changes. 

Absoluteness –

• Sovereignty is absolute, which means all the people in the places within the state’s territory are under the unconditional and unlimited control of a state. 
• There is no power higher than the sovereign. 

Exclusiveness – 

• Sovereignty is a power of the state which belongs exclusively to the state. 
• Within a given territory, the state is the sole entity possessing sovereignty.
• Sovereignty is an element that sets the state apart from all other existing political and non-political associations within that territory. There cannot be two sovereignty within the state.

Comprehensiveness –

• It states the all-inclusive and all-comprehensive nature of sovereignty. 
• Everything within the territory comes under the sovereign control of the state. 
• However, in modern times, this point is not entirely true, because almost all the nation-states are associated with international bodies and have subjected them to certain rules of international law. 

Inalienability –

•  An independent state can’t separate itself from sovereignty, because sovereignty provides the state with supreme control. 
• A sovereign loses the ultimate power after he transfers the sovereignty to others. 

Indivisibility –

• It implies that sovereignty can not be divided among groups.
• The exercising powers may be divided, but there is just one sovereignty in a state.

Types of Sovereignty – 

(a) Titular sovereignty –

Titular or nominal sovereign is the one in whose name the sovereignty is being exercised, but, in practice, they are not the ones exercising sovereignty. It means the sovereign is the supreme head only on paper but not in reality.

Titular sovereigns have little or no actual powers. They are dependent on the real sovereign to function.  

Example – President of India, British Queen Elizabeth 

(b) Real sovereignty –

 As opposed to titular sovereignty, real sovereignty comprises a group of a sovereign or an individual who are, in actual practice, exercising sovereign power of the state. 

Any rules, directives, or laws made by the real sovereign are applicable and legally bound to all people across the state’s territory. 

Example – President of the USA, Indian Cabinet.

(c) De Jure Sovereignty –

De Jure sovereign comes to power by-elections. They are sovereign under law, hence has the legal right to exercise powers. De Jure sovereign’s basis of authority is law, by which they have the authority to exercise the legal right and issue commands, which are binding on all the people.

(d) De Facto Sovereignty – 

 De Facto Sovereign comes to power under factual circumstances. Their basis of authority is force. They are not sovereign by the law. De Facto Sovereign acquire power by revolution or coup to overthrow De Jure sovereign. However, after being accepted by the people, it is considered as De Jure Sovereignty.

Example – Communist revolution of China. 

(e) Legal Sovereignty – 

Legal sovereignty is absolute and unlimited. The authority has the supreme legal power to issue final commands. They are the source of all laws and has the power to amend and annul any law. Legal sovereign is recognized by the law and has unconditional legal backings. 

Example – President in Parliament (India)

(f) Political Sovereignty-

Political sovereignty in a state is most commonly identified with community or public opinions expressed through elections, majority parties, press, media, and interest groups. They are not recognized by law, hence cannot issue any law and order. Legal sovereignty works under the influence of political sovereignty. 

Popular Sovereignty –

Its concept was given by Rousseau. This is the sovereignty of the people. It forms the basis of democracy. People are recognized as the ultimate source of all authority and power. Popular sovereigns are the representatives of the people. The basis of election is a universal adult franchise. 

Example – The October Revolution in Russia (1917) and the People’s Revolution in China (1949) were significant steps towards establishing the people’s sovereignty.

Conclusion – 

Sovereignty allows the state to exercise legitimate control over all the laws, rules, and policies. Without sovereignty, the state is missing its actual powers to express and carry out its will over the people and associations existing in the state. 

However, in practical terms, no country can exercise sovereignty by being isolated from other countries. It has to engage and collaborate with other nations under a defined set of laws.