English word ‘Sovereignty’ has been drived from Latin word ‘Suprenus’, which means ‘supreme power’. In this way, sovereignty means ‘supreme power. 

Definition of Sovereignty: 

The English word ‘Sovereignty’ is made from Latin word ‘Suprenus’, which means ‘Supreme Power’. Thus, sovereignty can be understood as the supreme power. This is an important element of state and one of the four essential constituent elements of state. Different scholars have given different definitions of the sovereignty of the state.

1. Jeilinek: 

“Sovereignty is that characteristic of the state by virtue of which it cannot be legally bound except by its own will or limited by any other power than itself.” 

2. Prof Grotius,: 

“Sovereignty is the supreme political power vested in him whose actions are not subject to any other and whose will cannot be overridden.” 

3. Duguit: 

“Sovereignty is the commanding power of the state, is the will of nation organised in the state, it is the right to give unconditional orders to all individuals in the territory of the state.” 

4. Laski: 

The sovereignty is legally supreme over any individual or group and possesses supreme power.” 

5. Woodrow Wilson: 

“Sovereignty is the daily operative power of framing and giving efficacy to the laws”. 

6. Willoughby: 

“Sovereignty is the supreme will of the state”. It can be said on the basis of above definitions that sovereignty is the supreme power of state. It can be both, internal and external. Theoretically, it cannot be limited. 

Different Types (kinds) of Sovereignty: 

1. Titular or Nominal and Real Sovereignty: 

Earlier, there were autocratic kings or emperors in many countries. They had real power and parliament was a mere puppet in their hands. At that time, they used real sovereignty. They were called real sovereigns. For example, before 15th century in England, in 18th and 19th century in Russia, and before 1789 in France, emperors were all in all. The real sovereignty was vested in them. But the situation changed after the 1688 – 89 revolution of England.

2. Legal Sovereignty: 

The power who makes all the laws in a country is called legal sovereignty. It has the absolute right to make laws, make amendments in them or to abrogate them. In England, the parliament along with the emperor is the legal sovereignty. In England, parliament has full right to make amendments in both common and constitutional laws through the same process. Legal sovereignty is clear, definite and supreme and recongnised by courts of law.

3. Political Sovereignty: 

Political sovereignty means public influence behind the law in a state. In modern representative governments, this is called will of people or public opinion. So, political sovereignty means total electorate, plus all other influences that mould and shape the public opinion. In democracy, legal sovereignty is affected and controlled by elections, newspapers, rallies, representative groups, organizations, strikes and pressure groups. Thus, power of public opinion is called political sovereignty.

4. Popular Sovereignty: 

Popular sovereignty means the supreme power of people in a , state. During ancient times, many scholars had used this theory to attack the absolute monarchy of the kings. Political scholar Garner has considered that popular sovereignty means that in the states where adults have the right to vote, there people have the full rights to express their opinions and to make their will prevail. 

5. Dejure and De – facto Sovereignty: 

Many times, it happens that there is a difference between real and legal sovereignty in a state. De – jure sovereign is one who has full legal authority to issue any supreme legal command in the state. He has the full authority to govern according to law and he can claim obedience. Sometimes, when there is any internal revolution or foreign aggression, then De – jure sovereign fails to claim obedience and some new revolutionary leader or foreign leader becomes the De – facto sovereign. Indeed, De – facto sovereign may be any general, Dictator, emperor or leader. This can be usually seen in Pakistan, Afghanistan, Iran, etc.

Characteristics of Sovereignty: 

1. Absoluteness: 

Sovereignty is complete and absolute. This does not depend an any other power. All the people and organizations within the jurisdiction of the state are under its control. Outside the state also, sovereign is considered to be the supreme in context of his state. Neither can any state interfere in his internal matter nor can force it for any matter. 

2. Universality: 

Sovereignty is supreme among all the people organizations and other powers within the state. State can keep any topic out of its jurisdiction by its own, but no individual or association can advance any right to keep itself out of state’s jurisdiction. Within the territorial limits of a state, sovereignty is universal, all pervasive and all – comprehensive power. 

3. Inalienability: 

Sovereignty is inalienable. It cannot be transferred to anyone else. If sovereign wants to transfer its sovereignty to anyone else, its existence will be lost. If a state surrenders its any part to some other state, then it loses its control on that part and there will be sovereignty of the other state. If a sovereign delegates its sovereignty, it amounts to a change in the government, not to an abdication or surrender of sovereignty. 

4. Permanence: 

Sovereignty is permanent. It continues as long as the state itself exists. These both cannot be alienated from each other. Sovereignty does not end with the death or resignation by the emperor or president in any country, rather it immediately passes on to the other emperor or president. As the state continues to exist even with the change of government, sovereignty also continues to exist. 

5. Indivisibility: 

Sovereignty is complete and universal. Thus, it cannot be divided into parts. State will be divided with the division of sovereignty. The other groups and organizations within the state use power on their members, that power is given by sovereignty of the state. Power of all the other organizations is subordinate to the sovereignty of the state. In Federal government system, sovereignty itself is not divided, rather power related to sovereignty is divided among different units and parts. This division of areas of rights, and any change therein, is possible only because of the use of sovereignty. 

6. Exclusiveness: 

Exclusiveness means that there cannot be two sovereigns within a state. If two sovereigns are accepted, then unity of the state will be destroyed.