Title | Class 11. pol sc. State and its Elements |
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Author | avisikta sinha |
Course | Political science |
Institution | University of Calcutta |
Pages | 6 |
File Size | 262.1 KB |
File Type | |
Total Downloads | 64 |
Total Views | 150 |
state and its elements...
CHAPTER 2
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ONCEPTS: FUNDAMENTAL C STATE, GOVERNMENT, NATION AND NATIONALITY State a nd G overnment are the m ain o bjects of s tudy i n Political S cience. All political s tudies revolve around S tate a nd G overnment. I n f act, in its t raditional way, Politics c ontinues to b e
identified a s Political Science a nd defined a s "the science of state and government." One scholar h as observed t hat State is a s old as H istory and P olitics is a s old as the
State. All
s tudents of P olitical Science have t o h ave a clear understanding of t he meaning of
State, Government a nd Society a s well a s the difference between t hese three. Each human b eing i s born in a society a nd h e lives his life as a c itizen of a State. He is governed b y the government of t he state. He i nherits, b y birth, t he citizenship of a S tate. He lives under the r ule of t he g overnment and carries out i ts l aws, p olicies, orders, rules , decisions, regulations a nd d ecrees. H ence, it i s essential f or e ach one o fu s to study s tate and u nderstand the difference b etween State, G overnment Society a nd A ssociation. WHAT IS STATE?
State i s the s overeign political institution o f the p eople living as an organised society. Each o ne of u s lives u nder the s upreme power o f the S tate, e njoys rights a nd freedoms and performs s everal d uties as a citizen of t he S tate. In a ncient G reek the word ' P olis' w as used f or i dentifying the s mall city-states . I t w as because of t his f act that Aristotle g ave the title 'Politics' t o h is book w hich d iscussed the origin, nature a nd functions of the G reek city-s tates (Polis). H owever, l ater on, the t erm 'State' came t o be universally u sed for d escribing every big o r small p olitical unit exercising supreme power o ver i ts people. 11
The word 'S tate h as been derived f rom t he Latin word “ Status' w hich means a particular social p osition. Since in ancient t imes, n o difference was m ade b etween State a nd Society, t he term S tate c ame to be used for describing t he status of t he p ersons as citizens. Gradually h owever, t he term S tate c ame to be
rganisation which exercised supreme p used f or the p olitical institution/o ower (Sovereignty ) over t he
people living i n its t erritory.
In s imple words, we c an define S tate as a large c ommunity o f persons, occupying a definite t erritory and e xercising sovereign p ower through its government.
Some P opular Definitions o f State State is "an association of families and villages having for its end a happy and prosperous living-a self-sufficient existence." --Arislotle
The State is a politically organised people of a definite territory." -Bluntschli
“ State is a territorial society divided into government and subjects, claiming within its allotted physical area, a supremacy over all other institutions." Laski. "The State exists w here a number of p eople l iving on a definite t erritory a re unified under a government, which i n i nternal matters is t he organ f or expressing t heir sovereignty and i n external m atters is independent of other g overnments." - Gilch r ist
"The State is a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent or nearly so, of external control and possessing an organised government to which the great body of inhabitants render habitual obedience." -Garner
e can c onclude by saying t hat the State is a W politically organised c ommunity of p eople, which i s occupying a d efinite p ortion of t erritory and is e xercising s overeign power t hrough its g overnment over a ll the persons and p laces f alling in its t erritory. I t is n ot under a ny external c ontrol and i s described as: Sovereign Independent Politically O rganised Community o f People.
State is a political institution/ organisation as well as a territorial sovereign entity. Its prime responsibility is to provide security, peace, order and governance to its people. The people have to continuously and habitually obey the laws and of the State.
ELEMENTS OF STATE State stands i dentified with its four essential e lements. T he presence o f all the f our, without exception, constitutes a State. T hese are: 1. Population
2. Territory 3. Government 4. Sovereignty
ny community of p eople w A hich possesses a ll these e lements is called the State.
1. Population :
State is a community of persons. It is a human political institution. Without a p opulation there can be n o State. P opulation can b e more or l ess b ut it has t o be there. There are S tates w ith very s mall p opulations like S witzerland, C anada and o thers, and there a re States l ike China and I ndia and s ome others, w ith v ery larger populations. The people of a State are the 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 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 laws and policies of the State. The State exercises supreme authority over them through its government. In contemporary times, the government of the state is organised and constituted by the people and is responsible and accountable to them. Such a government is i dentified as a democratic government. There is no definite limit for the number of the population essential for a State. However, it i s r ecognised t hat the population should b e neither d isproportionately large n or very s mall. It has t o b e within a r easonable limit. It s hould be determined on the basis o f the size of the territory o f the S tate, t he available resources, t he standard of living expected and n eeds of defence, production o f goods and supplies. India has a very large and f ast g rowing population and there i s every n eed to check t he population e xplosion. I t is essential for e nhancing the ability o f I ndia to r egister a s ustainable high l evel of d evelopment.
2. Territory : Territory i s the s econd essential element o f State. S tate is a territorial unit or entity. Definite territory i s i ts essential component. A S tate cannot e xist in the a ir or a t sea. It is e ssentially a territorial State. The s ize of t he t erritory of a State can be big o r small, n evertheless it has to be a definite and well-marked portion of territory. States l ike Russia, Canada, U.S. A ., India, C hina, Brazil and some o thers are l arge s ized states, whereas Nepal, B hutan, Sri Lanka, M aldives, Switzerland, Togo, B runei and s everal others a re States with small territories . The w hole t erritory o f the state is under t he sovereignty i .e . t he supreme power of t he S tate. All persons, o rganisations, associations, institutions and p laces located w ithin its territory are u nder t he sovereign j urisdiction of t he State. The State c an regulate a ll these in a ll respects. Further, i t must b e noted that t he territory o f the state i ncludes not only t he land b ut also, r ivers, lakes canals inland s eas i f a ny, a portion o f coastal sea t erritorial waters o r maritime b elt, c ontinental shelf, mountains, h ills and a ll o ther land features a long with air s pace above t he territory. T he territory o f the state can also i nclude s ome islands l ocated in the sea. For e xample A ndaman - Nicobar a nd N ew Moor i slands are parts of India. S tate exercises s overeignty over all p arts of i ts t erritory. S hips of t he State a re its floating parts a nd aeroplanes are its f lying p arts. E ven a States c an lease o ut its t erritory to another S tate e .g. India has g iven on lease her Teen Bigha corridor to B angladesh.
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. I t i s the third essential e lement of t he State. T he state exercises its s overeign power through i ts government. T his sometimes creates the i mpression t hat there i s no difference b etween the S tate and G overnment. However i t must b e c learly noted t hat government is j ust one element o f the State. I t is t he agent o r t he working agency of the State. Sovereignty b elongs to the State, t he government uses it on behalf o f the State. Each government h as three o rgan s . : . p (1) Legislature – which f ormulates the will of S tate i. e erforms rule-making functions ; . p (2) Executive - which e nforces and i mplements the l aws of the State i. e erforms t he rule-a pplication f unctions; and . p (3) Judiciary – which applies the l aws to specific c ases and settles t he disputes i. e erforms rule-a djudication f unctions. Government a s a whole i s the i nstrument t hrough which t he 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 o f King g ot decentralised and these come to b e exercised b y three organs – (i)the assembly of the representatives of the people or o all the classes of t he people ;(ii) the e xecutive – the body o fm inisters who initially owed allegiance to t he King but who later o n came t o be responsible r epresentatives of t he people ; a nd (iii) t he judiciary – the body of j udges, i nitially the royal j udges owing loyalty t o t he king but later independent judges a cting as the protectors of r ights and f reedoms of the people Consequently, the government came t o b e c haracterised by a tripartite division : Three organs o government : Legislature, E xecutive and J udiciary The Legislature f ormulates laws, the Executive implements and e nforces t he laws, and t he Judiciary a djudicates and s ettles disputes b y interpreting and applying. laws. It i s also a u niversally accepted rule t hat each o f the three o rgans of t he government carries out i ts assigned f unctions and lso a settled rule. The relationship between responsibilities. Independence of J udiciary is a Legislature and E xecutive is d efined b y l aw and it c orresponds t o the a dopted f orm of g overnment. In the Parliamentary f orm o f government l ike t he one which i s working i n I ndia and B ritain, the legislature a nd executive are c losely related a nd the latter is collectively r esponsible b efore the former. In t he Presidential form, as i s i n operation i n the U.S .A., t he legislature and t he executive are i ndependent a nd separate o rgans each with a stable and fixed t enure. The e xecutive is not responsible t o t he legislature. I t is directly r esponsible t o the p eople. Government i s an essential element of S tate. However it k eeps on c hanging after regular intervals. Further, Government can b e of s everal different forms-Monarchy, o r Aristocracy o r
Dictatorship o r Democracy i n its o rganisation and w orking. I n the g overnment c an be either Parliamentary o r Presidential o rb oth, and U nitary and F ederal or a mixture of the t wo. I n contemporary times every c ivilised State has a d emocratic government.
4. Sovereignty : Sovereignty is the most exclusive element of State. It stands accepted as the most essential element because the State alone possesses sovereignty. Some institutions existing in a state can have the first three elements but not sovereignty. State has the exclusive title and prerogative to pines, Sovereignty provides the exercise sovereignty over its people and territory. In fact, as Laski o basis on which the State regulat es all aspects of the life of the people who live on its territory. Sovereignty means supreme power of the State. It h as two dimensions : Internal Sovereignty and External Sovereignty. (i) Internal Sovereignty - It m eans the p ower o f the State t o order a nd r egulate the activities
of all the p eople, groups a nd i nstitutions which a re at work w ithin its t erritory.
These always act in accordance with the laws of the State. The State can punish these for every violation of any of its law.
(ii) 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 v oluntarily a ccepts rules o f i nternational law. These c annot b e forced upon any State. India is f ree t o sign or n ot to sign N PT, CTBT and M TCR. N o s tate can force h er to d o s o. In practice, t he government of t he State e xercises the s overeign powers o n behalf of t he State. S overeignty belongs t o the State, but it i s e xercised b y the government. In f act, S overeignty of the State is the basis o f all g overnmental authority. No S tate c an really become a S tate without s overeignty. I ndia became a S tate i n 1947 w hen it became i ndependent. I t was after her i ndependence that India got t he power to exercise s overeignty, internally as well as e xternally. S overeignty permanently, e xclusively and absolutely b elongs to t he State. End of sovereignty m eans the end of t he State. That i s why s overeignty is always i dentified as the hallmark of t he State. Thus, these a re the f our essential elements / f eatures o f t he state. A s tate comes to be a State only when it h as a ll t hese e lements. However, out of t hese sovereignty stands accepted as the most important and exclusive element o f the S tate. N o other o rganisation o r i nstitution can claim sovereignty. An institution c an have population, territory and government but not s overeignty. A ndhra P radesh, Tamil Nadu, West B engal Orissa, J & K , Punjab, in fact, a ll s tates of the Indian Union have t heir populations, territories and governments. These a re a lso loosely called states. Y et these are n ot really states. T hese are parts of t he I ndian Union and I ndia i s t he Sovereign S tate. Sikkim w as a state before it joined I ndia in 1975. Now it is one o f the 28 states of Sovereign India. U NO is n ot a state and s o i s the case o f t he Commonwealth o f Nations, because these do n ot possess s overeignty. The presence o fa ll the above discussed f our essential elements together vest a S tate with statehood. (1 94 Sovereign States a re currently m embers of t he United N ations)....