Political Science revolves around two poles, viz., the sovereignty of the State and the liberty of the individual. In order to understand the one, we must know the other. We begin with the study of the sovereignty.
We have said in a previous chapter that the most important characteristic of the State is sovereignty, which distinguishes it from all other associations. Modem State is a sovereign State. There can be no State without sovereignty. And yet the term ‘sovereignty1 is analyzed and explained in bewilderingly different meanings and theories. We propose, firstly, to give a general concept of sovereignty, then its theories and finally the pluralistic attack on its very concept.
General Concept of Sovereignty
The State is a politically organised society of individuals and associations, institution and groups. In order to preserve social unity, peace, and progress, the State regulates and co-ordinates their activities, interests and relations by means of laws, customs, and authority. Sovereignty means the supremacy of the will of the State, as expressed by its laws, over all individuals and associations within its boundaries. It means the supremacy of the authority of the State within its territories and against all powers and authorities beyond its frontiers. It is a supreme law- making power of the State.
Absoluteness or Unlimitedness
It means that the power or authority of the State is absolutely supreme and unlimited over all persons and associations within its territory and against all powers and authorities outside its frontiers. The State is both internally and externally supreme. It is omnipotent and omni-competent. It is subject to no legal limitations, internal or external. Sovereignty cannot be restricted, for the power that imposes restrictions would then itself become sovereign.
Sovereignty is supremacy. Therefore, when a State is not supreme, it is not sovereign, and when it is not sovereign, it is not a State. Certain restrictions or limitations on the supreme power of the State are pointed out by writers and philosophers, but they are self-assumed by the sovereign. Although morality, religion, international law and treaties, prudence, expediency or considerations of policy may make a sovereign to refrain from a course of action, yet his power is legally unrestricted and unlimited
The attribute of absoluteness is the fundamental and most important characteristic of sovereignty. All other attributes are really its corollaries. Moreover, it is also the most controversial feature of the monistic theory of sovereignty. It is contended that sovereignty is not absolute, that there are certain limitations on it. We shall discuss these objections hereafter.
Indivisibility
Sovereignty cannot be divided. Every State must have one supreme power in it. It is impossible to have two or more equally supreme powers in the same State. If so, one shall become supreme sooner or later. We agree with John C. Calhoun when he says that “to divide sovereignty is to destroy it”. Sovereignty is an entire thing or nothing. The State is unity; otherwise there will be not one but several States. There cannot be half sovereignty, as there cannot be half a triangle or half a living body. Jellinek has rightly remarked that- the notion of a “divided, fragmented, diminished, limited, relative sovereignty” is the negation of sovereignty.
The attribute of indivisibility of the sovereign power of the State is the second important and fundamental attribute. It is also subjected to several objections and criticism. It is attacked by the pluralists. It is also questioned by the federalists because in a federation, sovereignty is apparently divided between the federal and provincial governments. We shall also discuss this problem afterwards.
All-comprehensiveness or Universality
Sovereignty of the State is all-comprehensive or universal. It means that it extends to or comprehends all persons and associations within its territories. No one is exempt from obeying the laws of the State or commands of the sovereign. The authority of the State is co-extensive with its territorial jurisdiction. It covers all without any exception. No person, association or institution, however universal, can claim exception from obedience to the authority or power of the State, as it was once claimed unsuccessfully by such religious bodies as the Christian Church or the Pope.