The Doctrine of Popular Sovereignty asserts that the ultimate authority in a state resides with its people. In India, this principle is foundational, influencing the Constitution’s formation and its democratic governance.
MEANING AND DEFINITION
Popular Sovereignty means that the government’s power originates from the consent of the governed. In India, this is evident as the Constitution begins with “We, the people,” emphasizing that authority is derived from its citizens. This principle ensures that the state functions with legitimacy, reflecting the people’s collective will.
HISTORICAL EVOLUTION
India’s anti-colonial struggle deeply embedded the idea of popular sovereignty. The freedom movement united diverse groups under the belief that legitimate governance stems from the people’s will. This sentiment was institutionalized during the drafting of the Constitution, aiming to reflect the aspirations of a newly independent nation.
CONSTITUTIONAL PROVISIONS
- PREAMBLE: Declares India as a “Sovereign Democratic Republic,” highlighting that sovereignty rests with its people.
- ARTICLE 326: Establishes adult suffrage, granting citizens the right to vote and directly participate in governance.
- ARTICLE 368: Empowers Parliament to amend the Constitution, but such amendments must not alter its basic structure, ensuring that the people’s sovereignty remains intact.
BASIC STRUCTURE DOCTRINE
The Supreme Court, in the landmark case of Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, introduced the Basic Structure Doctrine. The petitioner, Kesavananda Bharati, challenged the government’s authority to alter fundamental rights through constitutional amendments. The Court held that while Parliament can amend the Constitution, it cannot alter its basic structure, which includes the principle of popular sovereignty. This ensures that any amendment does not undermine the foundational principles upon which the Constitution stands.
JUDICIAL INTERPRETATIONS
In S.R. Bommai v. Union of India, AIR 1994 SC 1918, the Supreme Court emphasized that the Constitution’s authority is derived from the people. The case involved the dismissal of state governments under Article 356. The Court held that such actions must align with constitutional principles, reinforcing that the people’s will is paramount.
INTERNATIONAL PERSPECTIVES
Globally, the principle of popular sovereignty is a cornerstone of democratic constitutions. For instance, the U.S. Constitution’s preamble begins with “We the People,” similar to India’s, signifying that governmental authority emanates from its citizens. This parallel underscores the universal importance of the doctrine in establishing democratic governance.
CHALLENGES AND CRITICISMS
Despite its foundational status, the application of popular sovereignty in India faces challenges. Instances of political instability, misuse of constitutional provisions like Article 356, and debates over the extent of judicial review highlight tensions in fully realizing this doctrine. Critics argue that while the Constitution enshrines popular sovereignty, practical politics sometimes undermine the people’s true will.
CONCLUSION
The Doctrine of Popular Sovereignty remains central to India’s constitutional framework. It ensures that governance reflects the people’s will, upholds democratic principles, and maintains the legitimacy of state authority. Ongoing judicial interpretations and constitutional debates continue to shape its application, reinforcing its significance in Indian democracy.
REFERENCES
- Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.
- S.R. Bommai v. Union of India, AIR 1994 SC 1918.
- Sen, Sarbani. The Constitution of India: Popular Sovereignty and Democratic Transformations. Oxford University Press, 2011.
