Political Science and Jurisprudential terms, sovereignty is considered to be one of the essential attributes of a State and connotes absolute and supreme power not subject to control by any internal or external authority. Cooley defines a sovereign State as one "where there resides within itself a supreme and absolute power acknowledging no superior".
In this traditional sense of sovereignty, no State today can be said to fully sovereign. Membership of international organisations like the United Nations, European Union etc. and international treaties, accords, conventions etc. cast obligations, put restraints and erode sovereignty. The Constitution of India does not contain any specific provision in regard to the vesting of sovereign powers. The only place from where the residence of sovereignty and the source of the Constitution itself can be ascertained is the Preamble. The words 'We the People' remind us of opening words of the Preamble in the U.S. Constitution speaks in the name of "We the People of the United States". Its earlier draft and history make it amply clear that the framers of the American Constitution were referring to the people of the several (13) independent States seeking 'a more perfect union' and not to one people of a nation. The Preamble to the Constitution of India, on the other hand, did not even any ratification by the States. By saying that "we, the People of India" adopted, enact and give to ourselves this Constitution", the founding fathers solemnly affirmed that we were one people, people of India, and not people of different States etc., that sovereignty belonged to the whole people of India and not to those of separate States and that the Constitution was framed and adopted not by the people of States but the whole people of India in their collective capacity as one indivisible sovereignty unit. It was sought to be stressed that we were one nation and had one Constitution and one polity.
Unlike the United States and Australia, whose sovereignty is divided between the Union and the Common Wealth and the States, each being sovereign in the sphere assigned to it by the Constitution, in India, despite the division of powers between the Union and the States, there is no division of sovereignty. The Union can override the States in national interest during emergencies. Even during normal times it can invade the States' sphere by legislating on subjects in the State list under Article 249.
Because our national sovereignty was one and indivisible, no State or groups of States could annul the Constitution or move out of the Union establishment by the Constitution. In the United States, a civil war had to be waged and won in order to establish the indestructibility of the Union. But, our founding fathers at the very outset provided for the indestructibility of the Union and for States having no right to secede from the Union.
Article 1(3) (C) of the Constitution made it clear that the Union of India could acquire foreign territory. The Union could also cede its territory subject to necessary constitutional amendment (Maganbhai Ishwarbhai Patel v. Union of India (1970) 3 SCC 100).
Under Articles 2, 3 and 4 of the Constitution, the Union Parliament can by ordinary legislation admit or establish new States in the Union, alter the name, area and boundaries of the existing States. Under the citizenship provisions, there is only one citizenship for all the people of India and no double citizenship of the Union and of the States as in the United States.
Thus, the Preamble provisions of our Constitution put an end to concepts of traditional federalism, divided sovereignty, autonomy of States etc. Also, the founding fathers sought to clarify for all times that sovereignty in our scheme of things vests in the people themselves and that all the organs and functionaries of the Union and the States drew their powers only from the people of India.
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In this traditional sense of sovereignty, no State today can be said to fully sovereign. Membership of international organisations like the United Nations, European Union etc. and international treaties, accords, conventions etc. cast obligations, put restraints and erode sovereignty. The Constitution of India does not contain any specific provision in regard to the vesting of sovereign powers. The only place from where the residence of sovereignty and the source of the Constitution itself can be ascertained is the Preamble. The words 'We the People' remind us of opening words of the Preamble in the U.S. Constitution speaks in the name of "We the People of the United States". Its earlier draft and history make it amply clear that the framers of the American Constitution were referring to the people of the several (13) independent States seeking 'a more perfect union' and not to one people of a nation. The Preamble to the Constitution of India, on the other hand, did not even any ratification by the States. By saying that "we, the People of India" adopted, enact and give to ourselves this Constitution", the founding fathers solemnly affirmed that we were one people, people of India, and not people of different States etc., that sovereignty belonged to the whole people of India and not to those of separate States and that the Constitution was framed and adopted not by the people of States but the whole people of India in their collective capacity as one indivisible sovereignty unit. It was sought to be stressed that we were one nation and had one Constitution and one polity.
Unlike the United States and Australia, whose sovereignty is divided between the Union and the Common Wealth and the States, each being sovereign in the sphere assigned to it by the Constitution, in India, despite the division of powers between the Union and the States, there is no division of sovereignty. The Union can override the States in national interest during emergencies. Even during normal times it can invade the States' sphere by legislating on subjects in the State list under Article 249.
Because our national sovereignty was one and indivisible, no State or groups of States could annul the Constitution or move out of the Union establishment by the Constitution. In the United States, a civil war had to be waged and won in order to establish the indestructibility of the Union. But, our founding fathers at the very outset provided for the indestructibility of the Union and for States having no right to secede from the Union.
Article 1(3) (C) of the Constitution made it clear that the Union of India could acquire foreign territory. The Union could also cede its territory subject to necessary constitutional amendment (Maganbhai Ishwarbhai Patel v. Union of India (1970) 3 SCC 100).
Under Articles 2, 3 and 4 of the Constitution, the Union Parliament can by ordinary legislation admit or establish new States in the Union, alter the name, area and boundaries of the existing States. Under the citizenship provisions, there is only one citizenship for all the people of India and no double citizenship of the Union and of the States as in the United States.
Thus, the Preamble provisions of our Constitution put an end to concepts of traditional federalism, divided sovereignty, autonomy of States etc. Also, the founding fathers sought to clarify for all times that sovereignty in our scheme of things vests in the people themselves and that all the organs and functionaries of the Union and the States drew their powers only from the people of India.
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