INTRODUCTION
Sovereignty of state implies that it is completely free from any kind of external control and commands habitual obedience from the people within its territory.
Sovereignty may be defined as supreme, highest and without any external interference within a state.
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The sovereignty confers upon the state two things namely:
- Internal supremacy
- External independence
These two elements of sovereignty are very important and without it sovereignty of a state cannot work efficiently and effectively.
DEFINITION GIVEN BY VARIOUS JURISTS :
- BENTHAM defines sovereign as a person or group of persons to whose will a political community are supposed to be in a disposition to pay obedience, in preference to any other person.
- LORD LLOYD defined sovereignty as a practical device of law and politics whereby effect is given to the practical need in any community for some final or ultimate authority.
- A.V. DICEY- defines sovereignty by making distinction between legal and political sovereign. Parliament is the legal sovereign because it has supreme power of law – making. Behind the legal sovereign there is the political sovereign which is the electorate.
- JETHRO BROWN – State as corporation, is sovereign.
- JOHN AUSTIN -If a determinate human superior, not in habit of obedience to a like superior, receives habitual obedience from the bulk of a given society, that determinate superior is sovereign in that society and the society, including the superior is the society political and independent. To that determinate superior, the other members towards the determinate superior is a state of subjection or a state of dependence, the mutual relation which subsists between that superior and them may be styled the relation of sovereign and subject or the relation of sovereignty and subjection.
SOVEREIGNTY: AN ELEMENT OF STATEHOOD
We all know that to form an independent state there must be four things, that are the essence of statehood which are as follows:
- Population
- Territory
- Government
- Sovereignty
The above mentioned are the four essential elements of statehood without which a state cannot be formed.
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Sovereignty is also one of the essential because without sovereignty a government cannot work efficiently and effectively.
Government must have supreme power free from external aggression so that it can run the state properly and accurately and in a precise and systematic manner.
Sovereignty given to government will make them release their power without any upper pressure in a best possible way, it can only work effectively when the government is free from any kind of control above it.
A government not having sovereignty will not be able to execute it’s task and working in best way so as to achieve social welfare which is it’s main objective infact of every state social welfare or public welfare is it’s main objective and it can only be achieved by government when it is given sovereign power to use in best possible manner it likes.
A sovereign state is one which is not subordinate to any other state and is supreme over its territory under its control. Its commands are necessarily to be obeyed and must be given respect by all men and women and association within its territory.
A nation having territory, population, government but not government not having sovereign power that nation cannot be called state as it cannot function according to its will their will always be some sort of interference by the other state and they cannot work properly that’s why without sovereign power a state cannot be formed . Sovereignty is the essence of the state .
CONCLUSION
Sovereignty is the power of sovereign which in every independent state is now government which is having supreme power without any external aggression and control, which controls the governance of the society on its own with any fear of external control.
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