Introduction

The dictionary traces the meaning of ‘sovereignty’ from the Latin word superanus connoting super, i.e., English ‘above’ or ‘sovereign’ or French souverein.¹ This means that sovereignty stands for something that is above, super or supreme. As our survey of the development of the concept of sovereignty will suggest, it has been formulated in the specific context of the State and constitutes one of its defining characteristics. Seen as such, if the State is the central theme of political theory, sovereignty is the defining element of the State, or at least, of the nation-state.

Sovereignty is a legal/juristic concept which is related to the legal supremacy of the State. This legal supremacy is reflected not only in terms of the supremacy of legislation but also its execution. There may be many organizations and associations in civil society that represent social, cultural, economic, political and other interests. None of them, however, have the privilege to legislate. They may articulate (through pressure groups, interest groups and other channels) and aggregate these interests (through political parties and other channels) but they require the State to get these interests reflected in the form of legislation to have legal force. Legally, sovereignty is not subject to any restrictions except those provided for by the law itself. Generally, the constitution of a state lays down broader laws and rules of the land and sovereignty is represented by the constitution. For example, the Supreme Court of India, while deciding in the Synthetic vs State of Uttar Pradesh (1990) case, pronounced that the word ‘sovereign’ appearing in the Preamble to the Constitution of India, meant ‘that the state has power to legislate on any subjects in conformity with the constitutional limitations’.² We can see the reflection of the legal supremacy of the State in terms of social, economic, developmental and political legislation. The formulations of different political theorists and thinkers like Pluralists, Guild Socialists, Syndicalists, Anarchists, Marxists, etc. have assigned different degrees of supremacy to the State, particularly when this legalistic formulation impinges on the social, cultural and political spheres of society.

Sovereignty or the supreme authority of the State has two dimensions—internal and external. Internal sovereignty reflects legal supremacy over citizens (the population) and over other associations within a state’s territory. External sovereignty is reflected in the form of legal or (as we may call it) sovereign equality of states in its interaction with other sovereign states. External sovereignty invokes international law to support the sovereign equality of states and the right of the state to exist independently in the international arena. This is also reflected in what Locke calls the federative function or international treaty-making power.