SOVERIGNTY MODULE 2

INTRODUCTION
•Sovereignty is regarded as an essential element of the state. The term
'sovereignty' is derived from the Latin word superanus meaning
supreme. Thus sovereignty denotes supremacy or supreme power of the
state.
•The basic idea is that the sovereign—be it a monarch, chief executive or
an assembly—is able to declare law, issue commands and take political
decisions (i.e. determining public goals and their priorities) which are
binding on all individuals and associations within his jurisdiction.
•sovereignty arms the state with supreme legal authority in both internal
and external spheres. Internally, it establishes supremacy of the state
over all individuals and associations; externally it upholds independence
of the state from the control or interference of any other state in the
conduct of its international relations
Sovereignty means absolute and unlimited power. However, this
apparently simple principle conceals a wealth of confusion,
misunderstanding and disagreement. In the first place, it is unclear what
this absolute power consists of.
Sovereignty can either refer to supreme legal authority or to
unchallengeable political power. The concept of sovereignty has also been
used in two contrasting ways.
In the form of internal sovereignty it refers to the distribution of power
within the state, and leads to questions about the need for supreme
power and its location within the political system.
In the form of external sovereignty it is related to the state’s role within
the international order and to whether or not it is able to operate as an
independent and autonomous actor.
TWO ASPECTS OF
SOVEREIGNTY
[Link] sovereignty- Internal sovereignty and External
sovereignty. Internal sovereignty deals with the residents of the
state and the various associations formed by them. The state is
empowered to give order to each individual and association within
its jurisdiction and all of them are bound to obey the commands of
the state. On the contrary, the state does not obey any order from
its residents or their associations. In this connection Prof. Laski
says, “it issues orders to all men and all association within that
area, it receives order none of them. Its will is subject to no legal
limitations of any kind. What it proposes is right by mere
announcement of intention.”
EXTERNAL SOVERIGNTY
External sovereignty- By external sovereignty it means that state is
not under the control or influence of any foreign power in respect of
its foreign or international affairs. No any other state can issue any
command to the state. To establish or not to establish diplomatic
relations with other states is the sweet will of the state. In fact, it is
the discretion of the state to make trade contract with other states.
Similarly, to take sides in wars, to conclude peace treaties and to
give recognition to other states is the sovereign domain of the
state. In this connection, Prof. Gettel says, “what is called external
sovereignty is in reality, the totality of rights which internal
sovereignty manifests itself in dealing with the foreign states.”
CHARACTERISTICS OF
SOVERIGNTY
Prof. Garner sums up the various elements of sovereignty such as, “In sovereignty the
distinctive attributes or characteristics are permanence, exclusiveness, all
comprehensiveness, inalienability, imprescriptibly, indivisibility and absoluteness or
illimitability.”
1. Originality- An important characteristics is originality. It means that it comes to state of its
own, it is not derived by the state from any source. The basis of the state power is the state
itself. No outside agency creates power of the state nor is the state dependent on anybody for
this sovereign power. It is self-created and self-made. If the state depends upon some person
or agency for this power, it will lose its sovereignty. Sovereignty is an original quality of the
state and the very existence of the state is impossible without sovereignty.
Permanence-Sovereignty of the state is permanent. It survives till a
state lives. Whenever there is a change in the government of the
state, it does not affect sovereignty. We cannot imagine the death
or end of the sovereignty of a state because with its death, the
state also dies. With the advent of a revolution or death of a king or
the reorganisation of a state, sovereignty is not ended. When the
death of a British king takes place, the people of England says,
“king is dead, long live the king.” It is a confirmation of the
permanence of the sovereignty of the state. It means that the
death of the king does not affect sovereignty.
Exclusiveness- Sovereignty is exclusive. There is no existence of any other such power in
the state. Two sovereign rulers cannot thrive within a state. All the citizens and residents,
in a state are to obey, in legal terms, the commands of just one sovereign. Like the feudal
states of medieval period there is not scope of a ‘state within a state’ in contemporary
states. The sovereign can of his own accord, delegate some of his powers to somebody,
but the latter does not become a sovereign himself. He will remain under the sovereign;
he cannot be either equal to or superior to the sovereign.
4. Universality- Sovereignty of a state is always universal. It means that the state exercise
its full control over all citizens, organisations or associations living on its territory. No
such thing can be out of the jurisdiction of the state. The foreigners residing on the
territory of a state, have to obey the orders of the state. But some critics do not accept this
characteristic of the state because they contend that the state decrees are not applicable on
the embassies of foreign states and the administrative staff working therein.
Inalienability- It means that a state cannot leave sovereignty nor a part of it can be given to
some other state. The deprivation of sovereignty is like a suicide for the state. Its loss ends the
state. As an individual cannot lose its individuality without destroying himself so, a state cannot
lose its sovereignty without destroying itself. Some critics do not accept the characteristics of
inalienability of sovereignty. They contend that history is full of such examples when a king
delegated sovereignty to a parliament or to some people or a state gave a part of its territory to
some other state. But we must remember that by such acts, sovereignty is not destroyed, but it
gets transferred from one ruler to another. In the case of the territory given by one state to
another, the latter holds sovereignty over the newly acquired territory.
6. Indivisibility-Sovereignty is indivisible. To divide it means its destruction. Kalhon says,
"Sovereignty is an entire thing; to divide it is to destroy it. It is the supreme power in the state
and we might not as well speak of half a triangle of half of a square as half of sovereignty.” But
the Pluralists criticise the characteristics of indivisibility of sovereignty. Their view point is that
sovereignty is divided among the centre, the federating states and the various other associations.
Unity- Unity is another characteristic of sovereignty. It may be vested in one, two or a group of persons but it
exhibits absolute unity as a single unit. We have read above that sovereignty is indivisible and to divide it is to
destroy it. It is complete in itself and is one and it cannot be fragmented.
8. Absoluteness- Sovereignty is always absolute and unlimited. It is always free from any sort of external and
internal control. The decrees of the state are applicable on every individual living on the territory of the state.
Similarly, all such associations came under the dominance of the state. Neither any individual nor any association
can disobey the commands of the state. The state is also free from any control of foreign state. It is independent in
its international sphere. In brief, we can say that against this absolute power of the state there cannot be any
argument or logic or appeal.
9. Imperscriptibility- it means that in the event of the sovereignty being not used for a long period or with a
passage of time, it is neither destroyed nor is there any depreciation in its absolute power. Again, if a state has not
opened any branch of its administrative setup on any part of its territory, it would not imply the sovereignty of the
state over the region is destroyed. Sovereignty is eternal, it cannot be destroyed. It is permanent. The law of many
countries accept the principle that a person looses the ownership of a particular portion of territory in case he is not
in possession of that land since a long time. But this principle does not apply to sovereignty. On many areas of the
state, there is no population but it does not mean that with the passage of time the state looses its sovereignty over
that portion of territory. Sovereignty has the quality of imperscriptibility.