Types of sovereignty
The prevailing types or forms of sovereignty are as follows
(1) Real and nominal sovereignty – If the real authority is in the hands of the head of the state, then he is said to be the real ruler. For example, in India and England, the prime minister and the cabinet are the real rulers. If the head of the state is ‘ceremonial’, ‘ceremonial’ or nominally ruling, then it will be called nominal sovereignty. The President of India and the prosperous of England are the two nominal rulers. This difference between real and nominal sovereignty occurs only in the parliamentary system of government.
(2) Legal and Real Sovereignty – The legal authority should say that whose power is regular and just from the point of view of the constitution. On the contrary, if his authority is based only on power, then we will call him the real authority. The same authority can be both legal and real. The President of India is such a ruler. From the point of view of law, the will of the people and in reality he is the ruler of his country. In contrast, a state can have two rulers, one legal and the other real. After the revolution in Russia in 1917 AD, Lenin’s communist government was considered to be the only real authority, but for some time the legal sovereignty was considered to be that of the Tsar king. When the real authority is recognized by the people, it gets a legal position. When the communist government was strengthened in Russia, the then ruling was accepted.
(3) Legal Sovereignty – The authority which has the supreme power to make laws and enforce them within a state is called legal sovereign. The legal sovereign is one whom the court accepts. The names of Bada, Hobbes, Austin etc. are notable among the followers of this view. In their opinion, sovereignty should be vested in a definite and direct group of individuals and whoever has the right to make laws in the state, that person will be accepted as sovereign in the eyes of law. . (4) Political Sovereignty- The forces that influence the legal authority are called political sovereignty. Some scholars are of the opinion that politically, sovereignty is vested in that group of people who also own the legal sovereign and only with whose support the legal sovereign gets his position and power. For example, in Britain the legal sovereign is the parliament there, but the political sovereign is the people there because that is what constitutes the parliament.
(5) Public sovereignty – Public sovereignty means the sovereignty of the people. In democratic states, sovereignty is ultimately vested in the people and the people are considered paramount, the word ‘people’ is ambiguous, so public sovereignty is embodied in the electorate or electorate. The principle of public sovereignty was propounded by Marcilio and William.
Types of sovereignty
Location of sovereignty
Residence of sovereign means where does the sovereign reside in the state? Or where is the domicile of the sovereign? This is a controversial and complex question that cannot be answered easily. According to Bentham, “Sovereignty lies in the Legislature”. According to Jannings and other thinkers, “Sovereignty is vested in the assembly that makes the constitution.” Cicero propounded the idea that sovereignty was vested in the people. In the federal system of government, the residence of sovereignty is considered to be in two separate places – the center and the states. According to some thinkers, he resides in the people and organization which has the power to amend the constitution.
The following ideas have been propounded regarding the domicile of sovereignty
(1) Sovereignty resides in the king – When the monarchical system of governance was prevalent, it was believed that ‘sovereignty lies in the king’. The ruler of France, Louis XIV, used to say that “I am the state.” At present, there is a democratic system of government, somewhere the parliamentary system of government is working, and somewhere it is difficult to say that in such a situation it is difficult to say that the sovereignty of any one like the king. contained in the individual.
(2) Sovereignty lies in the people – First the Roman thinker Cicero said that sovereignty lies in the people. People’s movement began in Yarap in the 16th and 17th centuries, and at this time contractualists such as Locke and Rousseau said that governance was based on public approval and that sovereignty was vested in the people. Supporters of the French and American Revolution strongly supported this view. American scholars like Jefferson have called it a suitable idea. It has become very popular in the present time, but in practice this principle seems to be inconsistent because- (a) unorganized population cannot be considered sovereign, the public is unorganized. (b) The people participating in the election are very few in number, so how can the sovereignty of the entire people be considered vested in them?
(3) Sovereignty resides in the Constituent Assembly – Scholars like Jannings believe that sovereignty is vested in the Constituent Assembly. According to this view, the assembly which makes the supreme law (constitution) of the country can be called sovereign. A former Chief Justice of India K. Subbarao had also expressed the view that the Constituent Assembly is sovereign, but one of the main features of sovereignty is its stability, whereas in almost all the states, the Constituent Assembly is not permanent.
(4) Sovereignty has its domicile in the legislature – some scholars believe that sovereignty resides in the state legislature or parliament. He is of the view that the executive and the judiciary only obey the will of the legislature, but in practice it has been seen that the legislature is not the only law-making body. There are also many limits on his powers. In practice the powers of the legislature are limited by many things like public opinion, elections, traditions, religious rules etc.
(5) Sovereignty in all law-making institutions – Gatil is of the opinion that sovereignty is vested in the Legislature, Courts, Constitution-making Councils, orders of the Executive and the voters. All these institutions co-operate in law-making, so sovereignty is in all the legislatures of the state.
Types of sovereignty
The real rulers of the society are unknown.
According to Jop Chipman Gray, “the real rulers of society are unknown.” According to Austin, “The Lord must be certain, but in practice it is impossible to find a definite Lord.” In the present democratic regime it is difficult to tell who has the sovereignty. For example, it is very difficult to find where the sovereign is domiciled in India. The President may be ousted, the cabinet may have to resign, the parliament may be dissolved, the constitution may be changed – in such a situation who has sovereignty? How to say Lord to the unorganized bunch of people? Illiterate and ignorant voters, who vote only on the basis of animal signs, cannot be God. Many political parties and pressure groups take part in the government decision-making process and influence the decisions. If the Lord is certain and paramount then this should not happen. According to Leacock, “Sovereignty seems to run away as far as it is sought. In reality the dominant authority is abstract and the effort to find it is in vain.