Omar Bennett
The Indian Constitution, which came into force on 26 January 1950, invokes the word 'sovereignty' to declare the ultimate sovereignty of the people of India and that the Constitution rests on their authority. The term 'sovereignty' implies that India is an independent country with supreme authority over its territory and is not under the control of any external entity. It has the power to make and amend its own laws and conduct its affairs without interference from other nations. The Indian Constitution also emphasises the duty of its citizens to uphold and protect the sovereignty, unity and integrity of the nation.
| Characteristics | Values |
|---|---|
| Country's independence | India is an independent country, not a dominion of any other country |
| Country's authority | India has the supreme legal competence to fix its laws and regulations |
| People's authority | The ultimate sovereignty of India's constitution rests on the authority of its people |
| People's unity | The people of India are marked as one body in the preamble |
| People's rights and duties | Indian citizens have the right to liberty of expression, faith, belief and thought, and the duty to uphold and protect the sovereignty, unity and integrity of India |
| Government's authority | The governing body has the sole control over the country and all the rights to deal with its matters |
| Government's structure | India is a parliamentary system of government, with a federal structure and certain unitary features |
| Government's powers | The central government has more powers than the federal government and the exclusive right to alter state boundaries and create new states |
| Foreign relations | India's foreign policy reflects its sovereign powers, including principles of non-alignment, peaceful coexistence, mutual respect and cooperation, and respect for international law and norms |
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What You'll Learn
The origin of the word 'sovereign'
The word 'sovereign' has its roots in the Latin language. It is derived from the Latin word 'superanus', which means "chief" or "principal". The Latin word is also the source of similar words in other languages, such as 'faisan' in Spanish, 'feisão' in Portuguese, 'Fasan' in German, and 'bazhantu' in Russian. The word 'sovereign' itself entered the English language in the 14th century via the Old French word 'soverain', meaning "highest, supreme, ruler, master, chief". By the 14th century, it was used to refer to someone with "supreme power", a monarch with "royal authority, dominion", or "power, influence, or sway like that of a king".
In the context of the Indian Constitution, the word "sovereign" is one of eight keywords in the preamble and signifies that India is an independent country with complete control over its matters. It implies that India has its own independent authority and power and is not a dominion of any other country. The inclusion of "sovereign" in the preamble was necessary to establish India as a sovereign republic. The Indian Constitution also outlines the duties of its citizens to uphold and protect the country's sovereignty, unity, and integrity.
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Internal and external sovereignty
The Indian Constitution, in its preamble, includes the term "sovereign" as one of its eight keywords. The Indian Constitution depicts that India is a solely independent state, not a dominion of any other country. It has all the authority and power to deal with and conduct its matters. The word "sovereign" has been borrowed from the old word "Souverain" (French), and this French word was derived from "Superanus" (Latin). In the Indian context, the word has been taken from article 5 of Ireland's constitution, which states, "The state is declared 'sovereign, independent, and democratic'".
Sovereignty, in general, can be defined as the principle of supreme and unquestionable authority, reflected in the claim by the state to be the sole author of laws within its territory. It is the supreme authority over a defined territory, and it means the country has its own independent authority and is not under the control of any external entity.
Internal sovereignty deals with the relationship between a sovereign power and its subjects, or the individuals of a certain state and the state itself. It refers to the location of the supreme authority within the state. In the UK, for example, internal sovereignty resides within Parliament, reflected in the constitutional principle of parliamentary sovereignty. It is divided into four parts: the legislature, the executive, the judiciary, and the administrative.
External sovereignty, on the other hand, refers to the capacity of the state to act independently and autonomously on the world stage. It is the sovereignty attached to international law and the state's standing on the international stage. It implies that states are legally equal and that the territorial integrity and political independence of a state are inviolable. External sovereignty is connected with questions of international law, such as when, if ever, intervention by one country into another's territory is permissible. In India, the external sovereignty is maintained by the fact that it can give up any part of Indian territory and take over any foreign territory according to the constitution at that time.
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The sovereign Indian republic
The Indian constitution, which came into force on 26 January 1950, is a quasi-federal parliamentary system of government with a unitary bias. It is a sovereign socialist secular democratic republic, with the preamble to the constitution affirming that the people of India adopted and enacted the constitution, "having solemnly resolved to constitute India into a sovereign democratic republic".
The Indian republic is a sovereign state, with the authority and power to deal with and conduct its matters independently, without interference from any external entity. This means that India is not a dominion of any other country and is not regulated by any external power or governing body. The Indian constitution depicts that the country has its own independent authority, with the supreme legal competence to fix Indian laws and the owner affairs and absolute control of Indian regulations.
The term 'sovereign' has been included in the preamble to the constitution, and it is one of eight keywords that describe the nature of the document. The word has been derived from the Latin word 'superānus', meaning 'above'. The term 'sovereignty' is used to describe the concept of having supreme authority over a defined territory, and it is often associated with the state or the governing body. In the Indian context, sovereignty is also associated with each citizen of India, with the constitution declaring the ultimate sovereignty of the people of India and that the constitution rests on their authority.
The Indian constitution secures justice, liberty, equality, and fraternity among all Indians. It also provides for a federal structure with certain unitary features, such as the power of the central government to amend the constitution without consulting the states in most cases, and the right to alter state boundaries and create new states. The constitutional head of the Executive of the Union is the President, who exercises his or her functions in accordance with the advice of the Council of Ministers, which is headed by the Prime Minister.
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The role of the people of India
The Indian Constitution is the supreme legal document of India and is the fundamental law of the land. It is the longest written national constitution in the world, providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order. The Constitution of India is structured into various parts, each dealing with a specific aspect of the country's legal, administrative, or governmental framework. The people of India play a crucial role in upholding and protecting the sovereignty, unity, and integrity of the nation, as outlined in the Constitution.
The Indian Constitution declares the ultimate sovereignty of the people of India and affirms that the Constitution rests on their authority. This is reflected in the fact that India became a fully independent sovereign republic on 26th January 1950, with the constitution coming into force on the same day. The people of India, as citizens, have duties and responsibilities outlined in the Constitution, which they are expected to follow and respect. This includes upholding the sovereignty and integrity of the nation, as well as respecting the ideals and institutions of the Constitution.
The people of India also have a role in shaping the Constitution itself. The philosophy of the Indian Constitution revolves around key principles such as sovereignty, equality, justice, liberty, fraternity, dignity, secularism, and democratic principles. These principles reflect the nation's collective journey toward democracy, justice, and equality. The people of India, through their elected representatives, can work towards amending the Constitution to ensure it remains aligned with the country's evolving societal aspirations.
Additionally, the people of India have a role in holding the government accountable to the principles and provisions outlined in the Constitution. The Constitution serves as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds. The judiciary, as an independent body, protects the fundamental rights of the people from infringement by any state body and balances the conflicting exercise of power between the central government and the states. The people of India can seek redressal and uphold their rights through the judiciary, which is expected to remain unaffected by pressure exerted by other branches of the state.
In conclusion, the people of India play a vital role in the Indian Constitution. They are not only responsible for upholding the sovereignty and integrity of the nation but also have a say in shaping the Constitution and holding the government accountable to its principles. The Indian Constitution reflects the values, aspirations, and democratic ideals of the people of India, making it a living document that guides the nation's journey toward a more just and equitable society.
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Sovereignty and law-making powers
The Indian Constitution, adopted on 26 November 1949 and enacted on 26 January 1950, includes the word "`sovereign`" in the preamble to emphasise that India is a "Sovereign Socialist Secular Democratic Republic" with a parliamentary system of government. The term "sovereignty" in the Indian context refers to the country's independence and its supreme authority over its territory, laws and affairs. It implies that India is not a dominion of any other country and has complete control over its matters.
The inclusion of "sovereignty" in the preamble of the Indian Constitution serves multiple purposes. Firstly, it underscores the independent authority of the Indian state, free from external control or influence. Secondly, it highlights the role of the people of India in drafting their Constitution, recognising their ultimate sovereignty and the authority on which the Constitution rests. This is further emphasised in Article 51A(c) of the Constitution, which states that it is the duty of all citizens "to uphold and protect the sovereignty, unity and integrity of India."
The concept of sovereignty in India also extends to its federal structure. While India is structurally quasi-federal, with a combination of federal and unitary features, the central government wields more power in practice. The Indian Parliament, consisting of the President, the Rajya Sabha (Upper House) and the Lok Sabha (Lower House), holds the exclusive law-making powers for the country. This includes the power to implement treaties, agreements or conventions with other countries. The Parliament also has the sole right to alter state boundaries and create new states, demonstrating its supremacy over the constituent units.
The Indian Constitution, through its recognition of sovereignty, establishes the country's independence and self-governance. It empowers the governing body, be it the central government or the individual states, to make autonomous decisions in their respective spheres. This internal sovereignty is further divided into the legislature, the executive, the judiciary and the administrative branches of the government. However, it is important to note that the practice of sovereignty does not advocate for the isolation of the state from other nations. Instead, it promotes engagement with the international community while maintaining India's independence and adherence to international laws and norms.
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Frequently asked questions
Sovereign means that India is an independent country with complete control over every matter. It is not regulated by any other external power or governing body.
The word 'sovereign' has been derived from the Latin word 'superānus', which means 'above'. In the Indian Constitution, the word was borrowed from Article 5 of Ireland's Constitution.
The word 'sovereign' is mentioned in the Preamble to the Constitution of India, which was adopted on 26 November 1949 and came into force on 26 January 1950. It is one of eight keywords in the Preamble.
The inclusion of 'sovereign' in the Preamble declares the ultimate sovereignty of the people of India and affirms that the Constitution rests on their authority. It also signifies that India is a solely independent state with the power to conduct its own affairs.
