2.1. Sovereign

The term Sovereignty refers to the independent authority of a State. It means that the State has the power to legislate on any subject; and that it is not subject to the control of any external power.

Consequently, the term Sovereign in the Preamble of India implies that India is neither a dependency nor a dominion of any other nation, but an independent state. There is no authority above it, and it is free to conduct its own affairs, both internal and external.

India’s declaration to continue her full membership of the Commonwealth of Nations in 1949 does not affect India’s sovereignty in any manner. This declaration is extra-legal and there is no mention of it in the Constitution. It is a voluntary declaration and indicates a free association and no obligation. This association was an honorable association between independent states. It accepts the crown of England only as a symbolic head of the Commonwealth, and having no claim to the allegiance of citizens of India. As Pandit Jawaharlal Nehru explained:

“It is an agreement by free will, to be terminated by free will”