SOVEREINGTY

Sovereignty means supreme power. It is derived from the latin word

“supranus” meaning ‘paramount or supreme’. It was Bodin a French jurist who
first coined the term sovereignty.
According to him, “ sovereignty is the supreme power of the state over citizens
and subjects unrestrained by law”.
According to Willoughby, “sovereignty is the supreme will of the state”.
There are two dimensions of sovereignty: internal and external sovereignty.

NATURE AND CHARACTERICTICS OF SOVEREIGNTY

1. Originality
Sovereignty is the original power of the state. It is neither delegated by
any associations to the state. Sovereingty is not dependent on any external
source. It is the original power o the state. It is self created, self made and
self possessed.

2. Permanence
Sovereignty is a permanent element of state.. so long as the state exists
and so long as sovereign exists state also exist. The death of sovereignty
means the death of the state and vice-versa. Sovereignty as such is
permanent. It is permanent element of the state.

3. Absoluteness
All persons and places within the territory of the state are under the full
and supreme power i.e. sovereignty of the state. It is the absolute and the
unlimited power of the state. It is always free from all types of internal
and external limitations. In fact no power can limit sovereignty.

4. Exclusiveness
Sovereignty is the exclusive and supreme power of the state. It
exclusively belongs to the state only. State alone can exercise
sovereignty. In every state there is one sovereignty and one sovereign
exercises it.
5. Comprehensiveness
Sovereignty of the state is all inclusive and all comprehensive supreme
power of the state. State exercises sovereignty over all persons, their
groups and over all parts of its territory. There is no person or group that
can avoid the sovereign power of the state.

6. Inalienability
State can not separate its sovereignty from itself. It cannot leave its
sovereignty either in full or in part. If the state partakes its sovereignty , it
commits suicide.

7. Imperceptibility
Sovereignty permanently belongs to the state. Even when the state does
not exercise it, sovereignty continues to live. The non- use of sovereignty
for sometime by the state does not mean the death of sovereignty.
Sovereignty cannot be seen and yet it continuously lives as the chief
property if the state.
TYPES/ FORMS OF SOVEREIGNTY

1. Nominal sovereignty
It is also called titular sovereignty. A titular or nominal sovereign is
one in whose name the supreme power of then state is exercised, but
he himself does not exercise it. President of India is a nominal
sovereign.

2. Real sovereign
The real sovereign himself exercises his sovereign power. He actually
uses the sovereignty of the state and all citizens are bound by his
commands. The US President as the head of the state as well as the
real executive of the USA, IS AN EXAMPLE OF A REAL
SOVEREIGN.

3. DE JURE SOVEREIGN
De jure sovereign is that person or a group of persons who has the
legal title sovereignty of the state. He is duly elected or lawfully
constituted holder of authority in the state and has the constitutional
legal right to run the state administration and command the people. All
people are legally bound to obey his commands.

4. De facto sovereign
The person or a group of persons who comes to weild the authority or
power of the state by means other than the lawful means i.e. by a
revolution or a coup is known as de facto sovereign. He exercise
powers and commands the people even though the title to his authority
is not legal.

5. Legal sovereignty
Legal sovereignty is one who has got the supreme power to make laws
i.e. to issue legal commands which are binding upon the people. He
possesses supreme power of law making.

6. Political sovereignty
According to dicey, political sovereign is always behind sovereign. It
determines to exercise the legal sovereignty by the legal sovereign.
7. Popular sovereignty
It means the sovereignty of the people. The representatives exercise
power on behalf of the people. People are the real makers of the
popular and the legal sovereigns. Hence people are the real sovereign.
This concept became very popular after the writings of Rousseau and
more so after the French Revolution.