Who Is Sovereign? A Constitutional Inquiry In The Age Of Globalization
- IJLLR Journal
- Aug 21
- 1 min read
Himanshu Tiwari, LLM, Dharmashastra National Law University, Jabalpur
ABSTRACT
This paper examines the changing idea of sovereignty in the context of globalization, particularly within the framework of Indian constitution and politics. It makes a distinction between internal and external sovereignty, tracing their historical evolution from medieval and Westphalian origins to present day pluralist and cosmopolitan views. Referencing classical and contemporary political philosophy from Bodin and Hobbes to Laski and Pogge the research investigates how sovereignty is understood in the Indian Constitution, especially through the perspective of the Constituent Assembly Debates and judicial interpretations.
Additionally, it assesses the conflict between national independence and international responsibilities, especially in fields like human rights, trade, and foreign relations. By considering both communitarian viewpoints, the paper advocates for a multidimensional interpretation of sovereignty that integrates the democratic desires of the populace and India’s position in a globalized context. In the end, it aims to explore whether sovereignty in India belongs to the people, the Constitution, or the government, and how this influence governance, accountability, and international relations.
Keywords: Sovereignty, Internal sovereignty, External sovereignty, Globalization, Communitarian, Cosmopolitans, Constitution, Westphalia.
