IN AN ERA where nations grapple with questions of governance, identity, and international obligations, it becomes imperative to inquire into the source of authority and its legitimacy and legality. This is not merely a question of fact, but it has profound relevance in international law. In international law on the recognition of States, recognition of a new State hinges on the legitimate source of sovereign power. In the Indian context, such an inquiry reveals the robust foundations of the Republic of India, rooted in popular consent and peaceful transfer of power for former sovereigns.
From divine sanction to popular consent as the basis of sovereignty
Historically, the locus of sovereign power has evolved dramatically. In medieval Europe, authority was often ascribed to divinity, as seen in the divine right of kings espoused by thinkers like James I of England. The monarch's will was deemed infallible, deriving from God's mandate, with no room for human contestation. This theocratic model persisted in various forms across empires, including colonial regimes where European powers justified rule over colonies as a civilizing mission ordained by higher powers.
