E-LESSON-8 POLITICAL SCIENCE-1

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B.A.English 2 All right are reserved with CU-IDOL POLITICAL SCIENCE-1 POLITICAL SCIENCE-1 Course Code: BAQ110 Semester: First SLM UNITS : 8 E-Lesson: 8 www.cuidol.in Unit-8 (BAQ 110)

POLITICAL SCIENCE-I 33 OBJECTIVES INTRODUCTION . In this unit we are going to learn about the meaning and The student will be able to understand meaning definition of Sovereignty and Definition of Sovereignty The student will also understand the characteristics and types of Sovereignty The student will be able to understand the The student will also be able to understand Monism or difference Monism Vs. Pluralism Monistic Theory of Sovereignty and Pluralism or Pluralistic Theory of Sovereignty www.cuidol.in . INASllTITriUgThEt aOrFeDreISsTeArNveCdE AwNitDh OCNUL-IIDNOE LLEARNING Unit-8 (BAQ 110)

TOPICS TO BE COVERED 4 1. Sovereignty : Meaning and Definitions ENGLISH LITERATURE-1 2. Sovereignty : Characteristics or Features 3. Sovereignty : Types 4. Monism or Monistic Theory of Sovereignty 5. Pluralism or Pluralistic Theory of Sovereignty www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

MEANING OF SOVEREIGNTY 5 The term ‘Sovereignty’ is derived from the Latin word ‘superanus’, which means paramount or supreme. Sovereignty, a juristic concept as used in connection with the state, indicates supreme, final or ultimate power in the internal and external spheres.  Certain writers speak of two faces of sovereignty: one for internal affairs, and the other for external affairs. The usage of the term sovereign arose with the emergence of the modern nation state. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

DEFINITION OF SOVEREIGNTY 6 Jean Bodin (1530-96) says that ‘‘sovereignty is the supreme power over citizens and subjects unrestrained by law.” Blackstone says that “sovereignty is the supreme irresistible, absolute, uncontrolled authority in which the supreme legal powers reside.” According to Hugo Grotius, “sovereignty is the supreme political power vested in him whose acts are not subject to any other and whose will cannot be overidden.” Jellinek describes “sovereignty as that characteristic of the state in virtue of which it can not be legally bound except by its own will or limited by any other power than itself.” In the words of the American writer Burgess, “sovereignty is original absolute, unlimited power over the individual subject and over all associations of subjects.” W.F. Willoughby says that “sovereignty is the supreme will of the state.” www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

CHARACTERISTICS OF SOVEREIGNTY 7 1. Absoluteness: The sovereignty of the state is absolute. It recognizes no limit. Inside the state there cannot be any power superior to sovereign power. The supremacy of the sovereign cannot be challenged. It is subject to no legal limitations, rather externally. 2. Permanence: Sovereignty is the permanent feature of the state. It continues uninterrupted as long as the state exists. Change in Government do not mean cessation of sovereignty. Government come and go, but the state endures and so its sovereignty. 3. Universality: Sovereignty is universal in character. It is all comprehensive. It extends to all persons and associations within its territorial limits. The command of the sovereign has binding effect upon all. The modern states does not recognise the existence of any rival within its jurisdiction www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

CHARACTERISTICS OF SOVEREIGNTY 8 4. Inalienability: The sovereignty of the state cannot be alienated. It is not transferable. As a man cannot live without his heart, so also the state without sovereignty. Barker has said that sovereignty can no more be alienate that a tree can alienate its right to sprout or a man can transfer his life without self-destruction. The state and sovereignty are essential to each other. But when the state lost a part of its territory, it does not mean that state has lost its sovereignty. 5. Exclusiveness: The sovereign power is exclusive. There is none to compete with it. There can be only one sovereign power in a state. And the state is legally competent to compel the obedience of its inhabitants. State and sovereignty go together. The state excludes any outside agency in the exercise of sovereignty. No individual or association within a state or outside can wield sovereignty and be equal to the state. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

9 CHARACTERISTICS OF SOVEREIGNTY 6. Indivisibility: The sovereignty of the state is indivisible. Legal sovereignty aims at its unity. Division of sovereignty means destruction of sovereignty. Jellinek has remarked that the notion of a “divided, fragmented, diminished limited, relative sovereignty” is the negation of sovereignty. Gettel writes of sovereignty is not absolute, no state exists, if sovereignty is divided more than one state exists. Thus, sovereignty is always full and indivisible. Thus, sovereignty is the supreme characteristic of statehood. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

TYPES OF SOVEREIGNTY 10 1.Titular Sovereignty and Real Sovereignty We draw a line of distinction between titular sovereignty and real sovereignty on the basis of the manner in which sovereignty is exercised: Titular Sovereignty: Titular sovereignty is nominal sovereignty, that is, supreme power only in name and not in reality. A titular sovereign is theoretically mighty in power but in practice only a cipher Real Sovereignty: Supreme power, which is actually or really exercised, is real sovereignty. An individual or group of individuals exercising real supreme power is known as real sovereign. Prime Minister of Britain or Prime Minister of India exercising sovereignty on behalf of the state and responsible to Parliament may be cited as an example of real sovereign. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

TYPES OF SOVEREIGNTY 11 2. Legal Sovereignty and Political Sovereignty On a legal basis sovereignty can be divided into two types: Legal and Political: a) Legal Sovereignty: Supreme power in a state which has a legal basis is legal sovereignty. Such a sovereignty is valid strictly from the legal point of view or according to law. The legal sovereign is the supreme law-making authority, which is competent to put in legal terms the highest orders of the state. b ) Location of Legal Sovereignty: In every state, legal sovereignty located or vested in one person or in a group of persons and is exercised on behalf of the state. In England, Parliament is legal sovereign. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

TYPES OF SOVEREIGNTY 12 3. Political Sovereignty behind Legal Sovereignty: Political sovereignty stands behind legal sovereignty. The people or the electorate expressing the will of the state behind the legislature constitute the political sovereign, who has the competence to elect the legal sovereign. The political sovereign is not recognised by lawyers and law-courts, though he is the maker or creation of the legal sovereign. In a broad sense, the entire population represents the political sovereign, and in a narrow sense, only the electorate is the political sovereign. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

TYPES OF SOVEREIGNTY 13 4. Popular Sovereignty and National Sovereignty: a) Sovereignty with Electorate: Supreme power, which lies in the hands of the people, is popular sovereignty. The people means electorate, that is, adults who are qualified to cast their vote at general elections in democratic countries. b) Governing or Expressing Will: It is said that popular sovereignty prevails in Britain, the USA, India and other democratic states. Many writers have written much on popular sovereignty in modern times. c) Popular Sovereignty a Great Force: In the modern world, particularly from the 19th century, popular sovereignty as a concept has become very powerful. It speaks volumes of the people as a source of power and puts the people in the sun. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

TYPES OF SOVEREIGNTY 14 d) National Sovereignty Not Synonymous with Popular Sovereignty: The principle of national sovereignty was put forth by the French Revolutionaries in their celebrated document, the Declaration of the Rights of Man. This concept vests sovereignty in the nation. But if the nation does not enjoy the principle of universal suffrage and a vast population has no right to vote at general elections, national sovereignty cannot be equated with popular sovereignty. e) National Sovereignty Concept of Little Use: The expression National Sovereignty as used by the French Revolutionaries perhaps drives home the point that sovereignty does not lie in the absolute monarch but in the nation. The age of absolute monarch has gone and the concept is not of much use now. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

TYPES OF SOVEREIGNTY 15 5. lDe Facto and De Jure Sovereignty: a) De Facto Sovereignty: De facto sovereignty means sovereignty by fact, reality or actually. A de facto sovereign wields power and commands obedience by virtue of the fact that he is able to force people to obey him and remain loyal to him. He may exercise power even without a legal basis. b) De Jure Sovereignty: De Jure sovereignty is sovereignty by law. A de jure sovereign is the legal sovereign, who has a lawful claim to obedience. He exercises power on the basis of law, that is, legally he has the right to rule and command loyalty. c) Coexistence of De Facto and De Jure Sovereigns : In a kingdom, a de facto sovereign and a de jure sovereign may co-exist. Actual power may be exercised by the Diwan, who becomes the de facto ruler when the king the de jure sovereign does not take active interest in state affairs and remains in the background as a mere figure head www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

TYPES OF SOVEREIGNTY 16 6. Internal Sovereignty and External Sovereignty: a) Internal Sovereignty: The supreme power exercised by the state on all individuals and associations is internal sovereignty. b) External Sovereignty: J.W. Garner seriously objects to the use of expression external sovereignty, which he says is not the apt term to be used in international law. He prefers the use of the term Independence. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

MONISTIC THEORY OF SOVEREIGNTY 17 The theory of sovereignty which was developed by Jean Bodin, Thomas Hobbes, Jeremy Bentham and other writers received scientific exposition at the hands of John Austin (1790-1859), an eminent English jurist and philosopher. In his inimitable manner, Austin gave a clear and precise exposition of the legal or Monistic theory of sovereignty in his classic work Province of Jurisprudence Determined (1832). Sovereignty in Determinate Human Superior: According to Austin, sovereignty in a state is vested in a determinate human superior, who is legally placed above all people. He says, “If a determinate human superior not in a habit of obedience to a like superior, receives habitual obedience, from the bulk of a given society, the determinate superior is sovereign in that society and that society (including the superior) is a society political and independent.” www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

MONISTIC THEORY OF SOVEREIGNTY 18 The statement of Austin can be analysed as follows: 1. In a state, the majority of citizens obey habitually a determinate human superior, who is to be deemed as one person or a group of persons. 2. The determinate human superior is the law-maker in the state. Laws are his commands and without him the state can have no laws. Whatever the determinate superior wills is law. 3. The supreme power vested in the determinate human superior is sovereignty. 4. Sovereignty is absolute, indivisible and unrestrained. It lies in the hands of the determinate human superior. It is not vested in the people or the electorate or the General Will as conceived by Rousseau or in God as given by the Divine Right Theory. 5. The determinate human superior does not obey the order of anyone, because he has no rival of equal status in the state. He is placed above all the people. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

PLURALISTIC THEORY OF SOVEREIGNTY 19 Pluralism is purely a reaction against Monistic view of sovereignty which is absolute, indivisible and a complete unity in itself. Monism regards the state as the sole source of legal authority.  Laski says that sovereignty is neither absolute nor a unity. Man’s social nature finds expression in numerous associations and groups. These associations or groups pursue various ends like religious, social, economic, political, professional and recreational. Some of these associations are even prior to the state. The pluralist argue that the state is not the only supreme association. The state is one of these associations or groups. No one of these group is superior to others. All associations in their origin are natural and spontaneous and all do not derive their existence of rights from the state. Also all act in their respective fields independently of state control. Unit-8 (BAQ 110) All right are reserved with CU-IDOL www.cuidol.in

PLURALISTIC THEORY OF SOVEREIGNTY 20 The state is an association of associations. Though, it is the most important association, yet is the first among the equals. So the state alone cannot be the sole source of powers or focus of loyalty. The loyalty of the citizens is divided among so many associations which influence the life of modern man. Each association has its own law and Government. Thus, sovereignty is divided among so many associations or groups. The pluralists reject the distinction between the state and Government. They consider the distinction as being artificial and product of legal reasoning. The pluralistic theory, thus finds practical explanation in a variety of associations and groups which promote the industrial, political and other interests of man.  All these groups determine his choice, plan his activities and provide him opportunities for the fulfillment of his desires. Society is a well-organised association that link men and women with one another. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

PLURALISTIC THEORY OF SOVEREIGNTY 21 The state is, as Barker put it “more an association of individuals already united in various groups for a further and more embracing common purpose.” It means that the state is only one among many other forms of human associations. As a compared with other associations it has no more superior claims. Maitland says, “the state and the associations are the species of the same genus.” From this point of view the state is viewed as component of a federation. It is an interlocking union of groups. So the state is not the sole authority to command and enforce obedience of the citizens. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

PLURALISTIC THEORY OF SOVEREIGNTY 22 Gettell has nicely summed up the central idea of a pluralism. He says “The pluralists deny that the state is a unique organisation.” They hold that others associations are equally important and natural. They agree that such associations for their purpose are as sovereign as the state for its purpose. They emphasize the inability of the state to enforce its will in practice against the opposition of certain groups within it. They deny the possession of force by the state gives it any superior right. This insist on the equal rights of all groups that command the allegiance of their members and that perform valuable functions in society.  Hence sovereignty is possessed by many associations. It is not an indivisible unit, the state is not supreme or unlimited. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

MONISM Vs PLURALISM 23 Monistic theory of sovereignty or Monism offers the most powerful proposition of absolutism of sovereignty. This theory explains that state's sovereignty is absolute, indivisible and a complete unity in itself. Monism regards the state as the sole source of legal authority.  All other associations are the creation of the state and the dependent for their existence upon will of the state.  Thus monism believes in that sovereignty which is vested in one and only one place. It is determinate, absolute indivisible, inalienable, illimitable, permanent, universal and all pervasive. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

MONISM Vs PLURALISM 24 Sharply contradistinguished from it is the pluralism that admits of the division of sovereignty. The principles of pluralism is that sovereignty is never absolute and is divided between the state and many other association.  In pluralistic state, there is no single source of authority that is all competent and all comprehensive.  There is no unified system of law and no centralised organ of administration. On the contrary, it is a multiplicity; it is divisible into parts and should be divided. Man’s social nature finds expression in numerous associations and groups. The state is one of these associations. So it is not the supreme association.  As the loyalty of the people is divided among so many groups so sovereign power must be divided between the state and many other groups. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

MULTIPLE CHOICE QUESTIONS 1. The term Sovereignty has been derived from the ________word ‘Superanus’ 25 . (A) French (B) Latin (C) Greek (D) English 2. ___ said, ‘Sovereignty is the supreme power over citizens and subjects unrestrained by law’. (A) Austin (B) Hobbes (C) Jean Bodin (D) Locke 3. According to ___________“Sovereignty is the Supreme will of the state”. (A) Rouseau (B) Seeley (C) Bodin (D) Willoughby 4. _______of the following is not an feature of Sovereignty. (A) Absoluteness (B) Indivisibility (C) Limited (D) Permanent Answers: 1.(B) 2.(C ) 3.(D) 4.(A) Unit-8 (BAQ 110) All right are reserved with CU-IDOL www.cuidol.in

SUMMARY 26 Thus, in Lexicon of political theory, the concept of sovereignty is very much conspicuous by its nature. Sovereignty is the basic quality of the state. It is the most essential attribute of the state, which differentiates it from all other associations.  Today the position of state sovereignty lies somewhere in between the monism and pluralism. The welfare state requires vast authority to render positive functions. The increase in the functions of the modern state has led to its greaterpowers. Ours is the age of glory of the state which is the declared agency of general powers have developed. Various groups get due importance in the decision-making process www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

Frequently Asked Questions 27 Define Sovereignty and discuss its characteristics. Discuss the meaning and types of Sovereignty. Analyse the Austin’s Theory of Sovereignty. Examine critically the pluralistic conception of Sovereignty. Make a comparision between Monism and Pluralism. What do you mean by Sovereignty? What is Legal Sovereignty? What is Political Sovereignty? What is Monism? What is Pluralism? What are the differences between De Facto and De Jure Sovereignty? Make a distinction between Titular and Real Sovereignty. Make a distinction between Monism and Pluralism. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

REFERENCES 28 Agarwal, Bhushan and Bhagwan, Principles of Political Science, 1971. Asirvatham Eddy, Political Theory, 1957. Garner J.W., Political Science and Government. Gokhale B.K., Political Science (Theory and Governmental Machinery), 1964. Gilchrist R.N., Principles of Political Science, 1961. Laski H.J., A Grammer of Politics, 1957. Laski H.J., The Problem of Sovereignty. Ray and Bhattacharya, Political Theory, 1962. Ray, Dasgupta and Ray, Principles of Political Science, 1963. Ward, P.W., Sovereignty, 1920. www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL

29 THANK YOU www.cuidol.in Unit-8 (BAQ 110) All right are reserved with CU-IDOL