Skip to main content

Constitutional Law - Sovereignty

Sovereignty is a fundamental principle international relations and domestic governance. In the context of India's Constitution, sovereignty refers to the supreme authority and power of the state over its territory and people.

Definition of Sovereignty​

According to Article 25 of the Indian Constitution, sovereignty resides in the people of India and is vested in them. This means that the government derives its power from the consent of the governed.

Article 25, Part II, Chapter III of the Indian Constitution

Types of Sovereignty​

There are two main types of sovereignty:

  1. External Sovereignty: This refers to the state's independence from external powers and its ability to conduct foreign relations.

  2. Internal Sovereignty: This pertains to the state's authority within its territorial limits and its power to govern its citizens.

Article 51-A of the Indian Constitution deals with the fundamental duties of citizens, which indirectly relates to internal sovereignty.

Case Laws​

  1. Bhagat Singh vs. King Emperor (1930)

In this landmark case, the Supreme Court of India upheld the principle of sovereignty of the people, stating that the government derives its power from the consent of the governed.

Legal Section: Not directly applicable, but relevant to the concept of sovereignty

  1. Minerva Mills Ltd. vs. Union of India (1980)

This case established the doctrine of basic structure, which is closely related to the concept of sovereignty as it defines the limits beyond which Parliament cannot amend the Constitution.

Legal Section: Article 368(1) of the Indian Constitution

Illustrations​

  1. The Indian government's decision to nationalize banks in 1969 exemplifies the exercise of sovereignty in economic matters.

  2. The Supreme Court's ruling in Kesavananda Bharati vs. State of Kerala (1973), which limited Parliament's power to amend certain parts of the Constitution, demonstrates the balance between legislative power and constitutional sovereignty.

Legal Section: Article 368(2) of the Indian Constitution

Conclusion​

Sovereignty is a cornerstone of India's constitutional law, shaping the relationship between the government and its citizens. Understanding this concept is crucial for students of law and LL.B. programs, as it forms the basis for many legal principles and decisions.