AN IDEA OF SOVEREIGNTY IN INDIAN LIBERAL CONSTITUTION: CONCEPT AND ANALYSIS

Abstract

Sovereignty is the most important of the elements constituting the state.  No community can assume the form of a state until the dominion of state takes place.  On the compliance of sovereignty vested invisible and inherent power in the state is the true outcome of compelling all the human and communities to respect and obey their order. Thus, the sovereignty vested an absolute and supreme power into the state authorities. The will of the state is final and must be obeyed in compliance of order passed by the state.  Sovereignty is the 'will-power' of the state. Dicey remarked that the constitution consists all rules which directly or indirectly affects the distribution or the exercise of the sovereign powers in the state including all those rules which define the sovereign powers of member and the relation into such and the mode of power as well which is exercise by their authority.  In theoretical form, it is absolute, comprehensive and permanent. This is the reason Earnest Barker considers the term ‘sovereignty’ to be the 'Authority of the Last Word'. This research paper is an attempt to reflect the notion of sovereignty in terms of historical evolution, with the help of main proponent and main scholars will elucidate the various ideas in this regard and also analyzed the context of sovereignty with respect to the Indian Constitution.