UNIT II

A. STATE

State means a community or society politically organized under one independent government
within a definite territory and subject to no outside control.

There can be no community without the people to form one, and no common life without some
definite piece of territory to live in. When people live a collective life, they fulfil the meaning of
Aristotle's famous phrase, "Man is a social animal" and when they live a settled life on a definite
territory to realize the purpose of collective living, they fulfil the meaning of Aristotle's second
famous phrase, "Man is a political animal". The people are bound by rules of common behaviour
and their violation is accompanied by punishment. That is the state. Society meets man's
companionship, the state solves the problem created by such companionship. It is charged with
the duty to maintain those conditions of life for which the state came into existence and for which
it continues to exist.

Therefore, the state is a natural, a necessary, and a universal institution. It is natural because it is
rooted in the reality of human nature. It is necessary because, according to Aristotle, "The state
comes into existence originating in the bare needs of life and continuing in existence for the sake
of good life". Man needs the state to satisfy his diverse needs and to be what he desires to be.
Without the state he cannot rise to the full stature of is personality. In fact, in the absence of such
a controlling and regulating authority, society cannot be held together and there will be disorder
and anarchy. What food means to the human body the state means to man. Both are indispensable
for his existence and development. The state has existed whenever and wherever man has lived
in and organized society. The state serves as a symbol of unity of the people. The image of the
state inspires unity among the people and provides them with an identity as a nation. It arouses
national pride and a spirit of sacrifice among the people.

State is the sovereign political institution of the people living as an organised society. Each
one of us lives under the supreme power of the State, enjoys rights and freedomsand
performs several duties as a citizen of the State.

The word State has been derived from the Latin word "Status' which means a particular
social position. Since in ancient times no difference was made between State and Society,
the term State came to be used for describing the status of the persons as citizens. Gradually
however, the term State came to be used for the political Institution/organisation which
exercised supreme power (Sovereignty) over the peopleliving in its territory. In simple
words, we can define State as a large community of persons, occupying a definite territory
and exercising sovereign power through its government.
Some Popular Definitions of State

 Max Weber (1864-1920), a famous German sociologist: 'A state is a human

community that (successfully) claims the monopoly of the legitimate use of
physical force within a given territory'.

 R.M. Maclver and C.H. Page (Society: An Introductory Analysis; 1950) have
observed: "The state is distinguished from all other associations by its exclusive
investment with the final power of coercion.’

 Harold J. Laski, in An Introduction to Politics (1931), “Whereas all other associations

are voluntary in character, and can bind the individual only as he chooses membership
of them, once he is a resident of some given state, legally hehas no choice but to
obey its commands. The state, so to say, is the crowning-point of the modern
social edifice, and it is in its supremacy over all otherforms of social grouping
that its special nature is to be found.

Necessity of the State:

1. State is the Natural Institution:

Man is a social animal. His nature impels him and necessities compel him to live in society
and enter into social relations with others. He always wants to live and remain in the company
of fellow human beings. State is needed by him forproviding security law and order as well as
for punishing all criminals and anti-social elements.

2. State is a Social Necessity:

When man lives in the company of others, he naturally develops social relations with other
human beings. He forms family and several other groups. He gets involved in a system of
relations. He inherits several relations and throughout his life remains bound up with these.

Further, his physical and economic necessities always force him to form economic trade and
cultural relations. He and his society need security for their life, property and relations. The state
serves this need, by protecting s the society from internal and external dangers.

3. Economic Necessity of State:

In each society the people need the state because provides currency and coinage for the
conduct of economic business and trade relations. State formulates and implements all
financial policies and plans for the benefit of all the citizens. It provides financial help to the
poor and weaker sections of society. By providing security law and order, the state helps the
people to carry out their economic relations and activities.

4. State secures Peace, Security and Welfare of all in Society:

Social relations continuously need peace, security and order. Man is a social being. However
along-with it some selfishness is also a part of his being. At times, selfishness of some persons
can cause some difficulties and harms to others. This is prevented by the state. Whileliving in
society, man needs protection for his life and property. This is provided by the state.

5. State is needed for Protection against War and External Enemies:

State is needed for getting protection and security against external aggressions, wars and
internal disturbances and disorders. The society needs the state for security, peace, order
stability and protection against external aggressions and wars.

State maintains defence forces for fighting external wars and meeting aggressions. The state
works for the elimination of terrorism and violence.

State is the sovereign political institution of each society. It protects the people and tries to ensure
conditions for their happiness, prosperity and development

Each society needs the State. It satisfies several important needs of society:

(1) State provides security against external aggressions and war. For this purpose, the state
maintains an army.

(2) State ensures security against internal disturbances disorders and crimes. For this purpose,
the state maintains police.

(3) State legally grants and guarantees the rights of the people.

(4) The state issues and regulates currency and coinage.

(5) State undertakes steps for the creation of necessary conditions for the socio-economic-
politico-cultural development of the people.

(6) State grants citizenship and protects their interests and rights.
 (7) State conducts foreign relations, foreign trade and economic relations.

(8) State secures the goals of national interest in international relations.

EVOLUTION AND DEVELOPMENT OF STATE

The state has not had a single origin or a regular and continuous evolution. In broad outlines,
the state has evolved through the following forms:

1. The tribal state

2. The Oriental empire
3. The Greek city state
4. The Roman world empire
5. The feudal state
6. The national state

The first states appeared in the form of tribes. These had certain elements in common, though in
other respects they showed marked differences. They were usually comparatively small in sing
and were governed by chiefs, often assisted by advisory councils. Some were nomadic others
were permanently settled in definite areas. While the main purpose of their existence was the
preservation of internal order and the waging of aggressive of defensive war, they often retained
strong traces of common birth, common religion, and common economic interests.

The scope of their political power was narrow, most of the affairs of like being controlled by long
established customs. In some the authority of the chief was despotic in others. His power strictly
limited by a democratic public opinion, or by assemblies of warriors in some authority was
transmitted by heredity or by some accepted rule of succession in Others the rulers were chosen
freely by members of the tribe. Sometimes the tribal organization was permanent in other cases
it was temporary, the group easily falling apart into smaller units. In still other cases a number of
tribes might be combined into a loose confederation.

The Oriental Empire:

The next step in state building resulted from the aggregation of population, the accumulation of
wealth, and improvement in the arts of peace and war in regions favored by nature. Warm climate,
fertile soil, abundance of water, and a considerable area free from geographic barriers were
required to support a large population and to bring about those permanent relations among men
that demanded increasing government.

In the fertile valleys of the Nile, the Euphrates, the Ganges, the Yellow River, and the Yangtze,
which are called the “cradles of civilization,” wealth accumulated and cities arose. Such areas,
furnishing abundant food with little effort, attracted surrounding peoples and led to that conflict
and intermingling which was so important in creating the state, as contrasted with the earlier
kinship organizations.

The Greek City State:

The Oriental empires were essentially agricultural, land powers. To them the sea was a barrier,
not a highway and the centres of their civilization lay, not on the coasts, but in the valleys. As
civilization spread to the region around the Mediterranean, important physical differences were
found. The land is broken up into small units adapted to both transfer of people and goods and
defense while the seas, though permitting communication, made invasion from Asia difficult.
Hence civilization, though arising later reached a much higher and more varied development than
in Asia, and the nature of political organization was correspondingly different.

The Roman World Empire:

Natural advantages of location, climate, and resources led to increase of population, mingling of
peoples and advance in civilization. While the mass of inhabitants lived in loose tribal
organizations, a number of small city states gradually arose. These were not commercial, as in
Greece,but were the centers of the surrounding agricultural area. One of these at first by no means
the most important, was formed by the union of several tribes occupying a group of hills in the
fertile plain.

The Feudal State:

The unity which the principle of citizenship gave to early Rome became meaningless with the
expansion of Rome to World Empire. Imperial Rome depended increasingly on the army and the
doctrine of power, and this gave no satisfactory basis for solidarity. When the state failed, men
sought refuge in kingdoms not of this world and in individualistic philosophies.

Leaders were chosen by the people, and ability in the activities that a vigorous, warlike people
love was the basis of choice. Popular assemblies in the various units were held, and all freemen
had a voice in affairs. The ideas of law and justice, while crude and unsystematic, contained
possibilities of growth and added an important element to the Roman law, which had been
codified and was in danger of stagnation.

These elements, emphasizing individualism liberty, and local self-government, were directly
opposed to the Roman ideals of authority and centralization and the immediate result of their
fusion was the apparent destruction of all organized political life. The absence of central authority,
and the need for some form of protection.

The National State:

Out of the chaos of feudalism a definite form of political life gradually appeared. The spiritual
principle and temporal power of the church were not in harmony and movements for reform
within the church weakened its unity and attacked its claim to political leadership. As population
became stationary and common interests developed. It became increasingly evident that new
states would, in general follow geographic and ethnic lines. Bonds of nationality and language
strengthened by natural boundaries, grouped the feudal fragments into more and more permanent
combinations and France, Spain, England, Switzerland, the Netherlands, Russia and, later,
Germany and Italy arose. This separation into distinct states, each with its own national spirit,
destroyed the idea of a common superior and made possible the rise of international law and the
modern theory of the sovereignty and legal equality of states. Similarly, the growth of a strong
government each of these states destroyed the independence of local ruler attacked the influence
of the church, and separated religion and political ideas, although more than a century of religious
wars, civil and international, was needed before this distinction was realized.

ELEMENTS OF STATE
State stands identified with its four essential elements. The presence of all the four
without exception constitutes a State These are:

1. Population

2. Territory

3 Government

4. Sovereignty

Any community of people which possesses all these elements is called the State.
 I. Population:

State is often called a community of persons and as it is a human political institution. So,
without a population there can be no State. In ancient times there were city-states and
tribal state whose population was small. The Greek philosophers believed that the population
should neither be too small nor too big. Plato in his book ‘laws’ fixed the number of citizens
for an ideal state as 5040. Rosseau thought that 10,000 people would be an ideal number.
There is no limitation of the population in modern states there are States with very small
populations like Switzerland Canada and others and there are States like China and India
and some others, with very larger populations. The size of population for constituting a state
cannot be fixed, yet it is always better that such population is self-sufficient to meet all the
needs of life. If it is required to procure any goods or services from other states, it should
usually be able to pay for them, although the possibility of foreign aid, as a temporary
measure, cannot be ruled out. In any case, economic self-sufficiency is essential for the
stability of a state.

The people belonging of a State are known as citizens of the State. They enjoy rights and
freedom as citizens as well as perform duties towards the State. When citizens of another
State are living in territory of the State, they are migrants. All the persons, citizens as well
as aliens, who are living in the territory of the State are duty bound to obey the lawsand
policies of the State. The State exercises supreme authority over them through its government.

In contemporary times, government of the state is organised and constituted by the people
and is responsible and accountable to them, such a government is identified as a
democratic government.

People are of different types like citizens, aliens, and minors and can also be further classified
as rich, poor, educated, uneducated, male, female. There can be many cultures and religions
flourishing in a state it should not be considered as a homogenous group ofpeople because
cultural and religious diversity can help sate in many ways to utilise its resources more
efficiently. T he state should work in the interest of all the groups and try to maintain
equilibrium with its resources and population.

2. Territory:
Territory is the second essential element of the State. State can be a fixed territorial unit.
Definite territory is its essential component. The dimensions of the territory of a State will be
big or small; nevertheless, it's to be an explicit, well-marked portion of territory. States like
Russia, Canada, U.S.A., India, China, Brazil and a few others are large sized states whereas
Nepal, Bhutan, Sri Lanka, Maldives, Switzerland, Togo, Burundi and lots of others are States
with small territories. The entire territory of the state is under the sovereignty or supreme power
of the State.
The whole territory of the state is under the sovereignty i.e., the supreme power Of the
State. All persons, organisations, associations, institutions and places located within its
territory are under the sovereign jurisdiction of the State. The State can regulate all these
in all respects.
Further, it must be noted that the territory of the state includes not only the land but also rivers,
lakes canal inland seas it any a portion or coastal sea territorial waters or maritime belt
continental shelf mountains hills and all other land features along with air space above the
territory. The territory of the state can also include some islands located in the sea. For
example, Andaman Nicobar and New Moor islands are parts of India. State exercises
sovereignty over all parts of its territory. Ships of the State are its floating parts and
aeroplanes are its flying pans Even a States can lease out its territory to another Statelike
India has given on lease her Teen Bigha corridor to Bangladesh.

Territory determines the dynamics of sovereignty of the state. Territory makes sure the
natural resources for the sustenance of the population of the state. It gives
a sense of security and immense opportunities for a completely stable life to its
residents; it attaches —people though love and worship for their motherland for which
they are prepared to make supreme sacrifices for the protectionand maintenance of the
territorial integrity of their state. The feeling of patriotism—the sense of belonging to
a state—binds the people of different races, with different religions, languages and
cultures, by the thread of national unity and mutual cooperation.
Like population, the size of the territory of a state cannot be fixed. Territory is
usually a geographical phenomenon, dividing different states by sea, mountains or
other big natural barriers. Sometimes territories are demarcated mainly on a
political basis rather than on a geographical basis. In such cases, the peoples' sense
of identification with a particular state becomes the basis of territorial
demarcation. Reallocation of territories can bring about a merger or alteration of
the existing states or emergence of new states.

Political thinkers like Plato, Aristotle, Montesquieu and Rousseau had expressed their
preferences in favour of small states. Now the idea of small state is out dated and in the
changed conditions the trend is towards the large states. The large size of a state enables
it to have adequate resources to maintain a good standard of living and to promote the
welfare of the people in general.
3. Government:
Government is the political organisation or machinery or agency or magistracy of the

State through which the laws of the State are made, implemented, enforced and adjudicated.
It is the third essential element of the State. The state exercises its sovereignpower 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 uses it on behalf of theState.
Each government has three organs
(1) Legislature which formulates the will of State i.e., performs rule-making functions
(2) Executive which enforces and implements the laws of the State i.e., performs the
rule-application functions;
(3) Judiciary which applies the laws to specific cases and settles the disputes i.e., performs
rule-adjudication functions. Government as a whole is the instrument through which the
sovereign power Of the State gets operationalised.

In ancient times the King used to perform all the functions of the government and all powers
of governance stood centralised in his hands. Gradually however the powers Of King got
decentralised and these come to be exercised by the assembly of the representatives of the
people or of the classes of the people the executive the of ministers who initially owed
elegance to the King but who later on came to be responsible representatives of the people;
and judiciary the body of judges, initially the royal judges owing loyalty to the king but later
independent judges acting as the protectors of rights and freedoms of the people.

The Government is the sum total of legislature, executive, judiciary and internal bodies which
are engaged to perform some functions of the State to make the life of the people comfortable.
The legislature makes the laws, the executive enforces the laws and the judiciary interprets
the laws. The three departments of government cannot be separated into three watertight
compartments. The Government as an agency of the State maintains law and order without
which no progress is possible. There is no definite ruleas to which should be the form of
Government. The form of government can be dictatorship or democracy, Parliamentary or
Presidential but what matters is that there should be an organised agency called
government to provide peace and prosperity to the people. Government is constituted by a
small number of people of the population of the State. The Government is constituted by
and is answerable to the people. The Government is the representative of the will and
power ofthe State. In actual practice, it is the Government which is really important and
it is withit that they come into direct contact and have their dealings.
Further, Government can be of several different forms Monarchy or Aristocracy or
Dictatorship or Democracy in its organisation and working. In the government can be
either Parliamentary or Presidential or both and Unitary and Federal or a mixture of the
two. In contemporary times every civilised State has a democratic government.

4. Sovereignty:
Another exclusive element of State is Sovereignty. It stands accepted as the most
essential element because the State alone possesses some institutions existing in a state
which have the exclusive title and prerogative to exercise Sovereignty over its people
and territory. In fact, it provides the basis on which the State regulates all aspects of the
lite of the who live on its Sovereignty. It is a characteristic posse by state alone.it makes
state independent and supreme.

It has two dimensions;

Internal Sovereignty and External Sovereignty

Internal Sovereignty - It means power of the State to order and regulate activities of all the
people, groups and institutions which are at work within its territory

These always act in accordance with the laws of the State. The State can punish these for
every violation of any of its law.

External Sovereignty - It means complete independence of the State from external

control. It also means the equal freedom of the State to participate in the activities of the
community of nations and to have its own foreign policy. It stands for the right of each
state to have an independent foreign policy designed to secure the goals of its national
interests in relations with other states. All this makes it essential to define external
sovereignty of the State as sovereign equality. With every other state and the equal
freedom of action as a member of the international community.

Each State voluntarily accepts rules of International law. These cannot be forced upon any
State. India is free to sign or not to sign NPT, CTBT and MTCR. No state can forceher to
do so. In practice the government of the State exercises the sovereign powers on behalf of
the State Sovereignty belongs to the State, but it is exercised by the government.

The citizens and others residing in a state’s territory are obliged to obey the laws
of only that state. This is a peculiar feature of the state.
However fundamental the concept of legal sovereignty is, one must alwaysremember
that it would remain a ‘fiction’ without the other element of state sovereignty: its
practical ability to ensure that the laws of the state are obeyedthroughout its
territory. This element of the concept of sovereignty raises the issue of a hierarchy
of states as a consequence of their power. Clearly, some states are more powerful
than others.