What is a STATE?

A STATE is a community of
persons, r less numerous,
occupying a definite territory,
more o
possessing an organized
government, and enjoying
independence from external
control.
 itis a people permanently occupying a fixed
territory and bound by a common-law habits
and customs into one body politics, exercising
through the medium of an organized
government, independent sovereignty and
control over all persons and things within its
boundaries, capable of making war and peace
and entering into international relations with
other communities of the globe.
State and Nation
 NATION is defined as people, or aggregation
of men, existing in the form of an organized
society, usually inhabiting a distinct portion of
the earth, speaking the same language, using
the same customs, possessing historic
continuity, and disguised from other like
groups of their racial origin and
characteristics, and generally, but not
necessarily, living under the same government
and sovereignty.
ELEMENTS OF STATE
 POPULATION/ PEOPLE
 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.
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.
 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.
Each government has three organs

 (1) Legislature—which formulates the will of

State i.e. performs law-making functions;
 (2) Executive— enforces and implements the
laws i.e. performs the law-application
functions; and
 (3) Judiciary—which applies the laws to
specific cases and settles the disputes i.e.
performs adjudication functions.
 Government is an essential element of State.
However it keeps on changing after regular
intervals. Further, Government can be of any form
—Monarchy or Aristocracy or Dictatorship or
Democracy. It can be either Parliamentary or
Presidential or both. It can be Unitary or Federal or
of mixture of these two in its organisation and
working. In contemporary times every civilized
State has a democratic representative, responsible
transparent and accountable government.
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

 (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.
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 is by
nature a gregarious animal. He always wants to
live and remain in the company of fellow human
beings. State is needed by him for providing
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. While living 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 defense 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