POST GRADUATE GOVT COLLEGE SECTOR-11 CHANDIGARH DEPT OF POLITICAL SCIENCE WELCOMES YOU ALL FOR THE PRESENTATION

Associate Professor (Mrs) KK Mankotia Department of Political Science PRESENTATION BY Associate Professor (Mrs) KK Mankotia H o D Department of Political Science

SOVEREIGNTY

PREVIEW INTRODUCTION ASPECTS OF SOVEREIGNTY DEFINITIONS CHARACTERISTICS /ATTRIBUTE OF SOVEREIGNTY DIFFERENT FORMS OF SOVEREIGNTY DIFFERENCE BETWEEN POPULAR AND POLITICAL SOVEREIGNTY DRAWBACKS OF THE THEORY OF POPULAR SOVEREIGNTY DE JURE & DE FACTO SOVEREIGNTY

PREVIEW (CONTD) THEORIES OF SOVEREIGNTY & THEIR DETAILED ANALYSIS CONCLUSION

INTRODUCTION MAIN CHARACTERISTIC OF STATE SUPREME WILL OF THE STATE INDICATIVE OF CHARACTERISTIC WHICH DISTINGUISHES A STATE FROM OTHER ASSOCIATIONS. SOVEREIGNTY MAKES THE STATE SUPREME INTERNALLY TO PASS ORDERS AND ENSURE COMPLIANCE FREE TO FOLLOW POLICY IN EXTERNAL SPHERE & ESTABLISH FOREIGN RELATIONS LAW OF THE LAND FRAMED AND VALID DUE TO SOVEREIGNTY PROMOTES SENSE OF UNITY

ASPECTS OF SOVEREIGNTY 1 INTERNAL SOVEREIGNTY . DEALS WITH INHABITANTS, POLITICAL, ECO AND RELIGIOUS GROUPS . ALL COMMANDS ARE LEGAL . STATE MAKE SURE OF COMPLIANCE OF ORDERS 2 EXTERNAL SOVEREIGNTY . STATE NOT UNDER CONTROL OF OTHER STATE . INDEPENDENT FOREIGN RELATIONS . RIGHT TO ENTER INTO TREATIES . FOLLOWS INTERNATIONAL LAWS

DEFINITIONS OF SOVEREIGNTY LASKI “ SOVEREIGNTY IF LEGALLY SUPREME OVER ANY INDIVIDUAL OR GROUP AND POSSESSES SUPREME COERCIVE POWERS” WOODROW WILSON “ SOVEREIGNTY IS THE DAILY OPERATIVE POWER OF FRAMING & GIVING EFFICACY TO LAWS

BURGESS “THE ORIGINAL ABSOLUTE & UNLIMITED POWER OF THE STATE OVER CITIZENS AND SUBJECTS UNRESTRICTED BY LAW” POLLACK “SOVEREIGNTY IS THE POWER WHICH IS NEITHER TEMPORARY NOR DELEGATED NOR SUBJECT TO PARTICULAR RULES WHICH IT CAN NOT ALTER, NOR IS ANSWERABLE TO ANY POWER ON EARTH”

BODIN “ SOVEREIGNTY IS THE SUPREME POWER OF THE STATE OVER CITIZENS AND STATE SUBJECTS UNRESTRAINED BY LAW” GROTIUS “ SOVEREIGNTY IS THE SUPREME POLITICAL POWER VESTED IN HIM WHOSE ACTS ARE NOT SUBJECT TO ANY OTHER AND WHOSE WILL CANNOT BE OVER RIDDEN”

CHARACTERISTICS /ATTRIBUTE OF SOVEREIGNTY ORIGINALITY - ORIGINAL POWER OF STATE PERMANENCE – SOVEREIGNTY IS PERMANENT ABSOLUTENESS – FREE FROM RESTRICTIONS UNIVERSALITY - PREVAILS IN ENTIRE STATE EXCLUSIVENESS – ONLY ONE SOVEREIGN INALIENABILITY – CANNOT BE ALIENATED FROM STATE INDIVISIBILITY – STATE CANNOT SHED ITS SOVEREIGNTY IMPRESCRIPTIBILITY – PASSAGE OF TIME DOES NOT AFFECT SOVEREIGNTY

DIFFERENT FORMS OF SOVEREIGNTY 1. TITULAR OR NOMINAL SOVEREIGN -AUTHORITY OF THE RULER WHO WERE ONCE SUPREME HAVE RENOUNCED IT 2. REAL SOVEREIGNTY – AUTHORITY OF THE RULER WHO EXERCISE SUPREME POWER NOW eg PRESIDENT OF INDIA IS NOMINAL AND THE CABINET SUPREME SOVEREIGN 3. LEGAL SOVEREIGNTY – RIGHT OF THE STATE TO ISSUE FINAL ORDERS AS LAWS

DIFFERENT FORMS OF SOVEREIGNTY (CONTD) 4. POLITICAL SOVEREIGNTY – IS THAT POWER WHICH KEEPS BEHIND THE LEGAL SOVEREIGNTY & INFLUENCES ALL ITS DECISIONS. THE UNLIMITED & ABSOLUTE POWER LIES IN JURISPRUDENCE 5. POPULAR SOVEREIGNTY- IN THE FINAL ANALYSIS THE HIGHEST POWER OF THE STATE REMAINS VESTED IN THE PEOPLE OF THE STATE.

DIFFERENCE BETWEEN POPULAR AND POLITICAL SOVEREIGNTY IN DEMOCRATIC STATES WHERE VOTING RIGHTS EXIST ON EXTENSIVE SCALE , IT IS DIFFICULT TO DISTINGUISH BETWEEN THE TWO IN DIRECT DEMOCRACIES IT IS EVEN LESS DISCERNABLE EASIER TO DISCERN WHERE PEOPLE HAVE NO VOTING RIGHTS POPULAR SOVEREIGNTY RELATED TO POWER OF MASSES WHILE POLITICAL SOVEREIGNTY RELATED TO A PARTICULAR CLASS

DRAWBACKS OF THE THEORY OF POPULAR SOVEREIGNTY POPULAR SOVEREIGNTY IS VAGUE & DOUBTFUL- THE MEANING & CONNOTATION OF PEOPLE IS VAGUE. ALL CITIZENS CANT BE SOVEREIGN NEITHER ALL PARTICIPATE AS A WHOLE IN GOVT POPULAR SOVEREIGNTY IS NOT ORGANISED – PEOPLE ARE NOT WHOLLY ORGANISED AND AN UNORGANIZED GROUP CANNOT HAVE SOVEREIGN POWERS SOVEREIGNTY DOES NOT LIE WITH THE VOTERS- ONLY A FRACTION OF POPULATION VOTES THAT TOO ON THE DICTATES OR WISHES OF THE POLITICAL ELITE. THUS INDIRECTLY THE SOVEREIGNTY PASSES ON TO THE POLITICAL LEADERS. PEOPLE DO NOT HAVE PHYSICAL FORCE- TO IMPLEMENT THEIR WISH OR CHANGE POLICIES. AN ORGANISED STATE CAN EASILY DEAL WITH THEM

DE JURE & DE FACTO SOVEREIGNTY DE JURE SOVEREIGNTY IS LEGAL & BASIS OF THE AUTHORITY IS THE CONSTITUTION THE PERSON OR BODY WHO CAN MAKE THEIR WILL PREVAIL WHETHER OR NOT AS PER LAW IS DEFACTO SOVEREIGNTY THE DISTINCTION BETWEEN THE TWO CANNOT LAST LONG AS DEFACTO SOVEREIGNTY AFTER STRENGTHENING ITS POSITION ASSUMES THE FORM OF DE JURE SOVEREIGNTY

THEORIES OF SOVEREIGNTY

MONISTIC OR AUSTIN THEORY OF SOVEREIGNTY AUSTIN THEORY OF SOVEREIGNTY IS LEGAL THEORY AS PER HIM “ IF A DETERMINATE HUMAN SUPERIOR , NOT IN THE HABIT OF OBEDIENCE TO A LIKE SUPERIOR, RECEIVES HABITUAL OBEDIENCE FROM THE BULK OF THE SOCIETY, THAT DETERMINATE SUPERIOR IS SOVEREIGN IN THAT SOCIETY INCLUDING THE SOVEREIGN IS A SOCIETY POLITICAL AND INDEPENDENT”

ANALYSIS OF AUSTIN’S THEORY OF SOVEREIGNTY SOVEREIGNTY RESIDES IN A DETERMINATE SUPERIOR . SECULAR & HUMAN POWER AND NOT DEVINE . DETERMINATE & VISIBLE TO PEOPLE SOVEREIGN IS NOT SUBORDINATE TO ANOTHER SOVEREIGN . UNCONTROLLED & UNLIMITED . SOURCE OF LAWS & BUT ITSELF ABOVE LAW SOVEREIGNTY RECEIVES HABITUAL OBEDIENCE FROM THE BULK OF SOCIETY LAW IS THE COMMAND OF THE SOVEREIGN SOVEREIGNTY IS INDIVISIBLE

CRITICISM OF AUSTIN’S THEORY OF SOVEREIGNTY THEORY IGNORES POLITICAL SOVEREIGNTY . OVER EMPHASIZED LEGAL SOVEREIGNTY . IGNORED POLITICAL ASPECT AGAINST THE CONCEPT THAT POPULAR SOVEREIGNTY IS VESTED IN THE PEOPLE & THE PEOPLES WILL REMAINS SUPREME IN THE STATE THEORY IS NOT SUPPORTED BY HISTORY IT IS NOT EASY TO LOCATE SOVEREIGNTY . IN FEDERAL STATE SOVEREIGNTY REMAINS DIVIDED BETWEEN CENTRE & STATE IT IS IMPRACTICAL TO LOCATE SOVEREIGNTY IN A SINGLE PERSON SOVEREIGNTY IS NOT ABSOLUTE – IT HAS INTERNAL AND EXTERNAL CHECKS AND BALANCES

CRITICISM OF AUSTIN’S THEORY OF SOVEREIGNTY ( CONTD) SOVEREIGNTY IS NOT INDIVISIBLE . IN INDIA & AMERICA THE SOVEREIGNTY REMAINS DIVIDED BETWEEN CENTRE & STATE SOVEREIGNTY IS SHARED BY OTHER ASSOCIATIONS LAW IS NOT A COMMAND OF THE SOVEREIGN IT IS THE PRODUCT OF THE SOCIAL & HISTORIC FORCES OPERATING IN THE SOCIETY LAW IS NOT BASED ON FORCE ALONE – PEOPLE OBEY THE LAWS AS A MATTER OF HABIT AND COMPULSION OF SELF INTEREST THE NOTION OF SOVEREIGNTY IS FATAL ON INTERNATIONAL SIDE- NO STATE IS COMPLETE IN ITSELF HENCE INTERNATIONAL CO-OPERATION IS A MUST FOR EXISTENCE

PLURALIST THEORY OF SOVEREIGNTY 1. STATE SOVEREIGNTY & ASSOCIATIONS . MANY FACED LIFE OF MAN . ASSOCIATIONS IN THEIR NATURE ARE LIKE A STATE . INDIVIDUALS LOYALTY TOWARDS OTHER ASSOCIATIONS . SPHERE OF STATE ACTION IS LIMITED . OPPOSITION TO MONOPOLY OF STATE . SOCIETY IS FEDERAL IN NATURE . OPPOSED TO CENTRALIZATION OF POWER 2. STATE SOVEREIGNTY & LAW 3. STATE SOVEREIGNTY AND INTERNATIONALISM

CRITICISM OF PLURALIST THEORY THIS THEORY LEADS TO ANARCHISM IN SOCIETY THE STATE IS ESSENTIAL FOR EXISTENCE OF OTHER ASSOCIATIONS THE STATE CO-ORDINATES THE ACTIVITIES OF DIFFERENT ASSOCIATIONS AND ALSO SETTLES THEIR MUTUAL CONFLICTS THE STATE IS ESSENTIAL TO PREVENT TYRANNY OF THE ASSOCIATIONS OVER THEIR MEMBERS ASSOCIATIONS MAY BE FORMED FOR IMMORAL & ILLEGAL PURPOSES THE STATE IS NOT LIKE OTHER ASSOCIATIONS

CRITICISM OF PLURALIST THEORY (CONTD) SOVEREIGNTY CANNOT BE DIVIDED LAW IS NOT ABOVE THE STATE PLURALISM IS A CONFUSED CONCEPT THIS THEORY IS ALL IMAGINARY

CONCLUSION

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