A BRIEF ANALYSIS ABOUT INDIAN SOVEIERINITY

POLITICAL SCIENCE

Sovereignty is a term of political theory which has a number of meanings changing in accordance with different times and different places.According to a famous french jurist, Jean Bodin, sovereignty is something very personal which is restricted to the monarch only, it cannot be divided and is absoluteBut how sovereignty can be personal in a republic? How it can be indivisible in a federation? And how it can be absolute in a country with a written constitution like that of ours? These are some questions I would be answering in this article. A.V Dicey, a very famous constitutional jurist from Britain later tried to make the term ‘sovereignty’ less complex and more relatable in context with the modern world. He divided sovereignty between the people and the parliament. He said that political sovereignty resides in the people and legal sovereignty in the parliament. In L. Chandra Kumar v UOI (1997), the Supreme Court held that power of judicial review under Article 32 and 226 is an integral and essential feature of the basic structure of our Constitution. Recently, the judicial censorship of the policy and expediency of law is seen at its peak perhaps in two decisions: Bhau Ram v. Baijnath Singh and Sard Ram v. Labh Singh. In the first case the Supreme Court, by a majority of one, declared void a law of pre-emption based on vicinage as being inconsistent with article I9(l)(f) of the Constitution and In the second case the Court, following the first case, declared the custom of pre-emption based on vicinage to be void for the same reason.

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