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

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

3. SOVEREIGNTY

4. 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

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

6. 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

7. 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

8. 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

9. 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”

10. 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”

11. 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

12. 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

13. 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.

14. 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

15. 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

16. 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

17. THEORIES OF SOVEREIGNTY

18. 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”

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. CONCLUSION

26. THANK YOU