Introduction

The word state has been derived from the Latin word ‘status’, which implies standing. So, in
the etymological sense, the word state denotes position or standing of a person or of a body of
person. The state is the highest form of human association. It is necessary because it comes in to
existence out of the basic needs of life. The most important purpose of state is to make life possible
and to protect the life.

Definition
According to one definition, a state is a community formed by people and exercising
permanent power within a specified territory.
According to international law, a state is typically defined as being based on the
1933 Montevideo Convention. According to Article 1 of the Convention, the state as a person of
international law should possess the following qualifications:

1.Permanent population
2.Defined territory
3.Government
4. Capacity to enter into relations with the other states.

When defining a State, political Scholars tends to agree on bare minimum that must be present for
an entity to be considered a state, without a single element, then an entity can no longer be
classified as a State

Some definition accepted of the State by eminent jurists are:

Salmond definition of State:

An association of human beings established for the attainment of certain ends by certain means.
According to him :
The state is made of a society consisting of men established for the maintenance of peace and
justice , provided , within a definite territory by way of force. So, it follows that the central
authority of political society which is called State must be powerful enough to command obedience
of its subjects and must be able to withstand external aggression.

Holland defines it as:

A State is a numerous assemblage of human beings, generally occupying a certain territory amongst
whom the will of the majority or of an ascertainable class of person is, by the strength of such
majority or class made to prevail against any of their member who posses it.

Brierly:
A State is an institution, that is to say, it is a system of relations which men establish among
themselves as a means of securing certain objects, of which the most fundamental is a system of
order within which their activities can be carried on.

The evolution of States has been an interested subject of speculation. The Greeks earlier
organised city States which was said to have divine origin , later , the speculators un-convinced with
the concept of divine origin of State, explained the upsurging political society by the hypothesis of
an original contract theory which Hugo Grotius supported entirely.

However, this theory of was later proved to be superfluous and untenable by other thinkers.
And so the conflicting thoughts led to emergence of various theories regarding the emergence of the
State, as follows:

Divine Theory:
According to this theory , the state is a creation of God. This theory gained popularity in
middle ages in Europe because of the influence of Christianity, which belief the King to be the
representative of God and they have divine right to rule.

The Natural Theory:

Also known as Aristotle's theory of origin of State, this theory suggests that man is a social
being and instinct of his sociability has given rise to the origin of the State. As per this theory the
State is to promote general welfare of its people. However, it fails to point anything upon the
influence of various factors which led to the formation of a State.

The Social Contract Theory:

According to this theory , the State is a creation of an agreement by the people in that
territory. The people binds themselves to be abided to the agreement formed with mutual consent.

The Patriarchal Theory:

As per this theory , history of mankind reveals that primitive societies were closely knit
together by the bond of kinship. The family and not the individualism was the unit of society. The
theory mainly is influenced by Henry Maine , who pointed that, eldest member of the family was
the head of the family, and had complete control over the members of the family.
According to Article 12 of the Constitution of India, the term ‘State’ can be used to denote the
union and state governments, the Parliament and state legislatures and all local or other authorities
within the territory of India or under the control of the Indian government.

Essential element of state

1. Population-it implies a significant number of human beings living together. there is no existence
of the state without population. State is a community of person .it is a human political institution
without a population there can be no state.
2. Territory -it is a very important element of state. according to Laski ‘the territory of a state is the
region over which it exercises sovereignty’
3. Government- government is a organisation of machinery or agency or magistracy of the state
which makes implements, enforces and adjudicates the law of the state .

Every state has three types of authority:

•Legislative authority – This is the ability to make national laws, decisions, and policies.
•Executive power — The ability to enforce the law to the people and country.
•Judicial authority – The state has the authority to interpret laws, make any modifications to the
legislature, and organise society by settling conflicts through the court.

4. Sovereignty-it is the most exclusive element of a state. Without sovereignty no state can exit.
Sovereignty is the basis on which the state regulates all aspects of the life of the people living in its
territory.

Functions of state
Primary function
(a) to defend the territory of the state from external aggression and armed rebellion
(b) to maintain law and order within the society by administering justice
Secondary functions
They are required for the welfare of citizens

Conclusion

The concept of state is a wide ranging one and has evolved over the years largely due to the
judiciary’s interpretation of the phrase “other authorities” in Article 12 of the constitution. This
concept has evolved over these years based on factors like judges’ interpretation, socio-economic
factors involved etc. It has thus far not been a static idea in any way. The current concept of “other
authorities” includes those bodies that are financial, functionally and administratively controlled by
the government.
https://ccsuniversity.ac.in/bridge-library/pdf/LLM-II-SEM-JURISPRUDENCE-II-L-2002-Lecture-
on-Concept-of-STATE.pdf

https://www.eduskunta.fi/EN/naineduskuntatoimii/kirjasto/aineistot/yhteiskunta/suomi-valtiona/
Pages/Valtio-kasitteena.aspx

https://www.legalserviceindia.com/legal/article-5690-concept-of-state-and-sovereignty.html

https://www.researchgate.net/publication/343889950_The_Concept_State

https://blog.ipleaders.in/state-article-12/