Meaning and Definition of State

The State is the most universal and most powerful of all social institutions. The State
is a natural institution. Aristotle said ‘Man (Human) is a social animal and by nature
s/he is a political being. To him, to live in the State and to be a man were identical.
The modern term ‘state’ is derived from the word ‘status’. It was Niccolo
Machiavelli (1469 – 1527) who first used the term ‘State’ in his writings. The state
is necessary because it comes into existence out of the basic needs of life. It
continues to remain for the sake of good life. The aims, desires, and aspirations of
human beings are translated into action through the State. Though the State is a
necessary institution, no two writers agree on its definition. This disagreement
makes the study of the State more creative and interesting. For instance, we have
social Contract theory in political science. The three main thinkers associated with
social contract theory are Thomas Hobbes, John Locke and Jean Jack Rousseau.
The three thinkers collectively agree that humans need to be controlled by the State.
At the same time, they disagree on to what extent the control can be exercised by the
State on humans.

Definition of State

To Woodrow Wilson, “State is people organized for law within a

definite territory.”

Aristotle defined the State as a “union of families and villages having for its end a
perfect and self – sufficing life by which it meant a happy and honorable life”.

To Holland, the State is “a numerous assemblage of human beings generally

occupying a certain territory amongst whom the will of the majority or class is made
to prevail against any of their number who oppose it.”

Burgess defines the State as “a particular portion of mankind viewed as an organised

unit.”

According to Sidgwick. “State is a combination or association of persons in the form

of government and governed and united together into a politically organised people
of a definite territory.”

According to Garner, “State is a community of people occupying a definite form of

territory free of external control and possessing an organised government to which
people show habitual obedience.”
Prof. Laski defines “State as a territorial society divided into government and
subjects whose relationships are determined by the exercise of supreme coercive
power.”

Elements of State:
A State stands identified with its four absolutely essential elements:

1. Population:
State is a community of persons. It is a human political institution. Without a
population there can be no State. Population can be more or less but it has to be
there. There are States with very small populations like Switzerland, Canada and
others, and there are States like China, India and others, with very large populations.

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

There is no definite limit for the size of population essential for a State. However, it
is recognised that the population should be neither too large nor very small. It has to
be within a reasonable limit. It should be determined on the basis of the size of the
territory of the State, the available resources, the standard of living expected and
needs of defence, production of goods and supplies. India has a very large and fast
growing population and there is every need to check population growth. It is
essential for enhancing the ability of India to register a high level of sustainable
development.

2. Territory:
Territory is the second essential element of the State. State is a territorial unit.
Definite territory is its essential component. A State cannot exist in the air or at sea.
It is essentially a territorial State. The size of the territory of a State can be big or
small; nevertheless it has to be a definite, well-marked portion of territory.
States like Russia, Canada, U.S.A., India, China, Brazil and some others are large
sized states whereas Nepal, Bhutan, Sri Lanka, Maldivies, Switzerland, Togo,
Brundi and many others are States with small territories. The whole territory of the
state is under the sovereignty or supreme power of the State. All persons,
organisations, associations, institutions and places located within its territory are
under the sovereign jurisdiction of the State.

Further, it must be noted that the territory of the state includes not only the land but
also, rivers, lakes, canals inland seas if any, a portion of coastal sea—territorial
waters or maritime belt, continental shelf, mountains, hills and all other land features
along with the air space above the territory.

The territory of the state can also include some islands located in the sea. For
example Anadaman & Nicobar and Daman and Diu are parts of India. State exercises
sovereignty over all parts of its territory. Ships of the State are its floating parts and
Aero-planes are its flying parts. Even a States can lease out its territory to another
State e.g. India has given on lease the Teen Bigha corridor to Bangladesh.

3. Government:
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.

4. Sovereignty:
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.

(ii) External Sovereignty:

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.

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.

These are the four essential elements of a State. A State comes to be a state only
when it has all these elements. Out of these four elements, Sovereignty stands
accepted as the most important and exclusive element of the State.
No other organisation or institution can claim sovereignty. An institution can have
population, territory and government but not sovereignty. Andhra Pradesh, Tamil
Nadu, Orissa, Punjab, Sikkim, in fact all states of the Indian Union have their
populations, territories and governments.

These are also loosely called states. Yet these are not really states. These are integral
parts of the Indian State. Sovereignty belongs to India. Sikkim was a state before it
joined India in 1975. Now it is one of the 28 states of India. UNO is not a state and
so is the case of the Commonwealth of Nations, because these do not possess
sovereignty. SAARC is not a state. It is only a regional association of sovereign
states of South Asia.

THEORY OF STATE
State is the central subject of study of political science. So, political scientists have
shown keen interest in understanding the origin and development of state. Many
theories have come up on the origin of the state. But there is no precise answer to
the question how and when the state came into being.

The theories advanced so far by the political thinkers on the origin of the state
are-

THE THEORY OF THE THEORY OF THE THEORY OF

DIVINE ORIGIN FORCE SOCIAL CONTRACT

THE EVOLUTIONARY
THE PATRIARCHAL THE MATRIARCHAL OR
THEORY THEORY THE HISTORICAL
THEORY

1. The divine theory of origin of state: This theory was based on the following 3
notions-
a) State is God-made
b) The king is God’s representative
c) King is responsible to God.
The divine theory was criticized on the following grounds-
• In the age of scientific progress and democracy, this divine theory began
to be considered as unscientific, unpractical, illogical, undemocratic and
much anomalous.
• This theory is against democracy and blindly supports absolutism
• This theory is not applicable to modern states.
• This theory is reactionary and not progressive
• The state is not a divine institution but human or natural
• This theory is more religious and not political
• This theory has no significance to atheists

2. The Force Theory- This theory holds that the state originated and developed
by the use of bare force applied by the strong over the weak and their
consequent subjugation or supression. In the very beginning man lived in small
groups (guilds) and wantered from one place to another in search of food and
other necessities. Many a times a fight broke out in these groups. Whenever
the strong group succedded in having its control over the weak group, State
was organised. The leader of the strong group used to become the king and
brought the defeated group into his subjection. Oppenheim, Jenks, Bernhardi
are the chief exponents of this theory.

3. The Social Contract Theory of State- This theory occupies most important
place in political science. Hobbes and Locke in England and Rousseau in
France gave this theory its final form. Its chief postulates are-
a) The state is not a divine creation but the result of a deliberate and
voluntary agreement among men.
b) State is not a growth but a make i.e. not the outcome of slow process of
development but a sudden phenomenon.
c) State, according to this theory, is an artificial mechanism, deliberately
created by men to serve a definite purpose.
d) That, human institutions including the state are maintained, directed
and controlled by formal acts of will.
e) That acts and decisions of the citizens are more important than the
forces of nature and her laws.

The social contract theory has following criticisms-

• The relation of individual to state is not a voluntary one. Man is born into
the state and cannot avoid its obligation or withdraw from its control.
 • This theory tends to reduce the state to the level of a joint stock company,
an artificial creation rather than the product of historical growth and social
necessity.
• A contract implies previous existence of a legal authority which can
enforce it. Since no political organization existed to define and enforce the
contract, it would not be legally binding, and all rights will be without legal
bias.
• No law or rights existed before the state arose out of contract.

4. The Patriarchal Theory of the State- State is the outcome of the historical
evolution. Because family is the oldest of all human institutions and because
family is the first constituent of society, it has played a dominant role in the
organization of the state. This theory explains that the family with the father
as head expanded into the clan and the clan into the tribe and finally the state
came into being. The tribe expanded into the state. Sir Henry Maine was the
strongest supporter of Patriarchal theory of State. This theory was also
criticized on several grounds.

5. The Matriarchal Theory of State- Macleannan, Morgan and Jenks are chief
exponents of this theory.In their books, “Primitive Society” (1866), “Studies
in Ancient Society” (1877), “A History of Politics” (1900), they have
explained this theory and rejected outrightly the proposition that patriarchal
family was the earliest form of society. They maintained that primitive families
had no common male head and kinship was traced through mothers. The
matriarchal family was prior to patriarchal families. This theory was again
criticized and hence failed on several grounds.

6. The Evolutionary or Historical Theory of State- This theory attempts to

explain the origin of State most scientifically. According to this theory, the
state is a historical growth. The state is neither the result of an artificial creation
nor it originated at a particular period of time. Garner has very aptly observed
that “The State is neither the handwork of God, nor the result of superior
physical force, nor the creation of resolution or convention, nor a mere
expansion of the family.The state is not a mere artificial mechanical creation
but an institution or natural growth of historical evolution.”
Of all the above theories of origin of state, except the Evolutionary theory the
other theories are not accepted as correct theories on the origin of the state. To
quote Leacock “the state is a growth, an evolution, the result of a gradual process
running through all the known history of man and reading into remote and
unknown part”. John Morley, Gettel, Garner, Burgess and Leacock are the
supporters of this theory.