Discuss the importance of Government and sovereignty
as the essential elements.
of state. 1200 words
Answers
Answer:
Government is the organisation or machinery or agency or magistracy of the State which makes, implements, enforces and adjudicates the laws of the state. Government is the third essential element of the State. The state exercises its sovereign power through its government.
This sometimes creates the impression that there is no difference between the State and Government. However it must be clearly noted that government is just one element of the State. It is the agent or the working agency of the State. Sovereignty belongs to the State; the government only uses it on behalf of the State.
Each government has three organs:
(1) Legislature—which formulates the will of State i.e. performs law-making functions;
(2) Executive— enforces and implements the laws i.e. performs the law-application functions; and
(3) Judiciary—which applies the laws to specific cases and settles the disputes i.e. performs adjudication functions.
Government as a whole is the instrument through which the sovereign power of the State gets used.
In ancient times, the King used to perform all functions of the government and all powers of governance stood centralized in his hands. Gradually, however, the powers of King got decentralized and these came to be exercised by these three organs of the government: Legislature, Executive and Judiciary.
Each of these three organs of the government carries out its assigned functions. Independence of Judiciary is also a settled rule. The relationship between the Legislature and Executive is defined by law and it corresponds to the adopted form of government. In a Parliamentary form of government, like the one which is working in India and Britain, the legislature and executive are closely related and the latter is collectively responsible before the former.
Government as a whole is the instrument through which the sovereign power of the State gets used.
In ancient times, the King used to perform all functions of the government and all powers of governance stood centralized in his hands. Gradually, however, the powers of King got decentralized and these came to be exercised by these three organs of the government: Legislature, Executive and Judiciary.
Each of these three organs of the government carries out its assigned functions. Independence of Judiciary is also a settled rule. The relationship between the Legislature and Executive is defined by law and it corresponds to the adopted form of government. In a Parliamentary form of government, like the one which is working in India and Britain, the legislature and executive are closely related and the latter is collectively responsible before the former.
Sovereignty is the most exclusive element of State. State alone posses sovereignty. Without sovereignty no state can exit. Some institutions can have the first three elements (Population Territory and Government) but not sovereignty.
State has the exclusive title and prerogative to exercise supreme power over all its people and territory. In fact, Sovereignty is the basis on which the State regulates all aspects of the life of the people living in its territory.
As the supreme power of the State, Sovereignty has two dimensions:
Internal Sovereignty and External Sovereignty.
(i) Internal Sovereignty:
It means the power of the State to order and regulate the activities of all the people, groups and institutions which are at work within its territory. All these institutions always act in accordance with the laws of the State. The State can punish them for every violation of any of its laws.
It means complete independence of the State from external control. It also means the full freedom of the State to participate in the activities of the community of nations. Each state has the sovereign power to formulate and act on the basis of its independent foreign policy.
(ii) external sovereignty
We can define external sovereignty of the State as its sovereign equality with every other state. State voluntarily accepts rules of international law. These cannot be forced upon the State. India is free to sign or not to sign any treaty with any other state. No state can force it to do so.
No State can really become a State without sovereignty. India became a State in 1947 when it got independence and sovereignty. After her independence, India got the power to exercise both internal and external Sovereignty. Sovereignty permanently, exclusively and absolutely belongs to the State. End of sovereignty means end of the State. That is why sovereignty is accepted as the exclusive property and hallmark of the State.
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