Subject: Political Science-I SOL| School of Law

LL.B-I (5 Years) Hand-out # 1

STATE

INTRODUCTION:

The state is the most universal and most powerful of all social institutions. The state is a
natural institution. Aristotle said man is a social animal and by nature 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 the highest form of human association. It 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.
DEFINITION:

Though the state is a necessary institution, no two writers agree on its Definition.

Woodrow Wilson:

State is a people organized for law within a definite territory.

Aristotle:

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 honourable life”.

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.”

ELEMENTS OF STATE:

Following are the elements of the state;

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Physical bases of the State

i. Population
ii. Territory

Political bases of the State

iii. Government
iv. Sovereignty

I. Population

It is the people who make the state. Population is essential for the state. Greek thinkers
were of the view that the population should neither be too big nor too small.

II. Territory

There can be no state without a fixed territory. People need territory to live and organize
them socially and politically. It may be remembered that the territory of the state includes
land, water and air -space.

The modern states differ in their sizes. Territory is necessary for citizenship. As in the case of
population, no definite size with regard to extent of area of the state can be fixed. There are
small and big states.

III. Government

Government is the third element of the state. There can be no state without government.
Government is the working agency of the state. It is the political organization of the state.
Prof. Appadorai defined government as the agency through which the will of the State is
formulated, expressed and realized.

IV. Sovereignty

The fourth essential element of the state is sovereignty. The word "sovereignty” means
supreme and final legal authority above and beyond which no legal power exists. The
concept of “sovereignty” was developed in conjunction with the rise of the modern state.
The term Sovereignty is derived from the Latin word superanus which means supreme.

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The father of modern theory of sovereignty was Jean Bodin (1530 – 1597) a French political
thinker.

Sovereignty has two aspects

i. Internal sovereignty.
ii. External sovereignty

Internal sovereignty

Internal sovereignty means that the State is supreme over all its citizens, and associations.

External sovereignty

External sovereignty means that the state is independent and free from foreign or outside
control.

ORIGIN OF STATE:

These are the theories on the origin of state as have been formed and developed as a result
of the political thought and philosophy in the ancient time until the enlightenment period in
Europe.

I. Natural Theory:

The social urge of the human being to be within a group of people in the community as in
sociology describes that “man is a social being.” The social group provides the political
development to stay and work together with common standard law in the community later
on transform as a state.

II. Patriarchal Theory:

The origin of the state evolves from the enlargement of family under the authority of the
parents or the elders. Later on, it will develop into a tribe, kingdom then state.

III. Force Theory:

The creation of the state through the constant war and invasion of the great warriors in the
ancient time dominated the weak that later on formed a state.

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IV. Divine Right Theory:

The rulers of the past advocated the political dominance of authority and power through
their own ordained mandate that they represented the state as on the basis of the divine
right ( as God created the state).It was in this nature that the divine rights of kings has the
absolute power and influence over the subjects.

V. Social Contract Theory:

This is the right of the people to have the deliberate and voluntary contract on the right to
overthrow the kings and rulers against corrupt governance to organize a new government
with common interest for all the people.

THE FORMS OF GOVERNMENT:

The forms of government discusses the sovereign powers along the political rulers as to the
number of persons in power; the distribution of political powers of the government; and the
relationships of the branches of government.

Usually, the sovereign powers are exercised by the rulers who are being
called King, Emperor, President or Prime Minister to lead in the administration of the
government. The common classifications under the number of persons are monarchy,
aristocracy, and democracy.

I. Monarchy

There is only one ruler who exercises the supreme authority with the basis on the divine
rights and constitution to handle governmental affairs. The ruler of the monarchical form is
called “king” or “emperor” which has been on the basis of royal blood or dynastic rule of
governance. There are two classifications of monarchy as evolved in the history of Europe:

i. Absolute Monarchy

The Egyptian, Mesopotamian, Chinese, Persian and European civilization followed this
system of governance under the rules of divine rights. The emperors and kings were
believed to be the representative of god as the source of political authority and powers to
administer the affairs of the government.

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ii. Limited Monarchy

This was the transformation of the absolute monarchy in Europe that “kings” and
“emperors’ were no longer presented by the doctrine of the divine rights but must rule in
accordance of the constitution. Therefore, the political power is usually limited in
accordance with the established constitution. It is nominal and symbolic as to the
governmental functions in the executive and legislative branch of government.

II. Aristocracy

The government that hold by the few privileged class. The social stratification of the society
only those with wealth has the political power to hold the governmental affairs of the
state .They are considered as the powerful class with enough money to hold political
position and influence to the people. This form of government has been called the
“oligarch” and “aristocrat” who controlled the economic power as they controlled the
wealth of the nation.

III. Unitary state

A unitary state is a state governed as one single unit in which the central government is
supreme and any administrative divisions (sub national units) exercise only powers that
their central government chooses to delegate. Many states in the world have a unitary
system of government.

Unitary states are contrasted with federal states (federations):

In a unitary state, sub national units are created and abolished and their powers may be
broadened and narrowed, by the central government. Although political power in unitary
states may be delegated through devolution to local government by statute, the central
government remains supreme; it may abrogate the acts of devolved governments or curtail
their powers.

IV. Federal state (federalism)

A federal is one in which the supreme powers in the state are disturbed by the constitution
between a central government and the governments of the federating units, making each
government supreme within its own sphere of powers. As distinguished from a unitary

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government, a federation is a dual government, with two sets of governments, each of

which exercises supreme and original authority within its sphere of powers as defined by
the constitution. According to Hamilton, a federation is an association of States forming a
new one. “In the opinion of Dicey, it is “a political contrivance intended to reconcile national
unity with the maintenance of state rights.”

RELATIONSHIP BETWEEN STATE AND SOCIETY:

Historically when humans evolved from hunters and gatherers to a settled community, they
started to produce goods. Group of families constituted a community and a group of
communities constituted what we call as a society. Individuals for their emotional need that
is often reciprocal lived in the family.

Families came together under the umbrella of the community for a greater objective of
security. The communities so formed made a higher level of organization called society
solely to live in an organized manner where each ones’ need is met out by the collective
output of the whole. Thus when an individual is labouring for earning his food there arose
an inevitable situation that labour results in productivity. The produced goods thus required
a market supplemented by the invention of another institution called trade. When goods
are produced and marketed, it is clear that the situation could turn in favour of a few who
are mighty. When society is governed by the rule of might, then ultimately that would cause
the society to disintegrate and fall apart.

When society degenerates, it has a consequent effect on the communities and ultimately
upon its constituent families and each and every individual would lead to suffering. Thus, it
was, for this reason, humans came together, guided by reason felt the need of the State.

State came into existence out of an imminent need that in the absence of a centralized and
a coercive authority human cannot be saved from each other. This control in modern States
is done legally through a set of rules and regulations. In a democracy, these rules and
regulations are framed by the legislature, enforced by the executive and the judiciary
adjudicates the made laws and the implemented laws on the basis of their legality and
judiciousness. The function of law making, implementing and interpreting is the function of
government. You will read more about this as separation of powers.

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The society consists of a large number of individuals, families, group and institutions. The
early political thinkers considered both state and society as one. State is a part of society but
is not a form of society. NO State Society

i. State came into existence after the origin of the society is prior to the state.
ii. The scope of the state is limited. The scope of society is much wider.
iii. State has fixed territory Society has no fixed territory
iv. State is a political organization. Society is a social organization.
v. The state has power to enforce laws. Society has no power to enforce laws.

MAJOR DIFFERENCES BETWEEN STATE AND SOCIETY:

i. The society consists of a large number of individuals, families, groups, and institutions.
The early political thinkers considered both State and society as one. The state is a part
of society but is not a form of society.
ii. The membership of the State and society are the same. But they differ as regards to
their purpose. The State exists for one great but single, purpose; society exists for a
number of purposes; some great and some small.
iii. From the point of view of the organization, the State is a single organization – legal,
whereas society comprises within itself many organizations.
iv. The State exercises its control over humans by coercion and exact obedience. On the
other hand, the society employs a method of voluntary action.
v. The purpose for which society exists makes the persuasive methods necessary. The
multiplicity of the organization of society gives ample opportunity to the members to
relinquish one association and join another in the event they are subject to any
coercion.
vi. Thus you must understand a State without a centralized authority of coercive force and
a society without the method of persuasion will fall apart.

DIFFERENCE BETWEEN STATE AND GOVERNMENT:

Some of the main differences between state and government are as follows:

1. Government is only an element of the state:

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A State has four essential elements—Population, Territory, Government and Sovereignty.

Government is only one element of the State. It is just one part of the State which acts for
the state.

2. Government is an Agency or Agent of the State:

Government is an agency of the State. It acts for the state. It is that agency of the State
which formulates the will of the state into laws, implements the laws of the state and
ensures conformity to the laws of the state. Government exercises power and authority on
behalf of the state.

3. State is Abstract, Government is Concrete:

State is a concept, an idea or a name used to denote a community of persons living on a

definite territory and organised for the exercise of sovereignty. State cannot be seen.
Government is made by the people of the State. It is formed by the representatives of the
people. It has a definite and defined organisation and form. It can be seen as a team of
people exercising the power of the State.

4. Government is organised only by a portion of the population of State:

The whole population is a part of the State. All the people are citizens of the State. However,
government is made by the representatives of the people. Only some people, who get
elected act as representatives of the people, form the government of the State. Their
number is limited to few hundred only.

5. Membership of a State is compulsory but not of Government:

All people are citizens of the State. They together constitute the population of the State.
Each one normally gets the membership (citizenship) of a state automatically right at the
time of one’s birth and continues to live life as such. However, membership of the
government is not automatic. No one can be forced to become its part. Anyone can
voluntarily seek an election, get elected as a representative of the people and become a
part of the government. Only some persons form the government.

6. Sovereignty belongs to State and not to Government:

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Sovereignty is the hallmark of the State. It belongs to the State. The government exercises
power on behalf of the State. It acts on the basis of the sovereignty of the State. Sovereignty
is comprehensive, absolute, unlimited and all inclusive supreme power of the State. The
government exercises only well-defined and limited powers.

7. Territory belongs to the State:

The State has sovereign ownership and jurisdiction over its territory. State is a territorial
entity and territory belongs to it. The government has the responsibility to preserve, protect
and defend the territory of the State. The laws made by the government are applicable to all
parts of the territory of State but territory belongs to the State and not to the government.

8. Every State has uniformly four essential elements, however the forms and features of
Government differ from State to State:

Each State has a uniform personality with its four essential elements Population, Territory,
Government and Sovereignty. However, governments can be of different forms—
Parliamentary or Presidential, Unitary or Federal or a mixture of these. A government can be
monarchical or aristocratic or democratic or a dictatorship. The people can by choice change
the form of their government. But the State exists independently and has a uniform
character.

9. State is Permanent, Government is Temporary:

Governments come and go regularly. After every general election the government change. It
can also undergo a total change through an election or even through a revolution. State is
permanent. It continuously lives so long as it continues to enjoy sovereignty.

STATE AND ASSOCIATION:

An association is defined as a group of persons or members associated and organized into a

unity of will for a common end.

Cole defines it: “Any group of persons pursuing a common purpose or system or
aggregation of purposes by a course of cooperative action extending beyond a single act,
and for this purpose agreeing together upon certain methods of procedure and laying down,
in however rudimentary a form, rules for common action.”

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Therefore, an association embraces a group of people having a common purpose or

purposes for which they associated and organized themselves.

Difference between State and Association:

1. The State has a definite territory. It may be big or small but it must have fixed
boundaries. An association, on the other hand, may be limited to a small locality or it
may be international in its scope. A badminton club is an example of a local association.
While the Red Cross Society is an international association. Associations do not have
fixed territory.
2. Membership of the State is compulsory but that of an association is optional. A man is
born in the State and cannot withdraw from the membership of the State. One can
easily withdraw from the membership of any association.
3. The membership of the State is singular. One cannot be a member of more than one
State simultaneously. However, one may be the member of more than one association.
4. The State possesses sovereignty. Its sovereignty is legally absolute and supreme. Its laws
are obligatory and backed by physical force. No other associations are sovereign. They
are limited organizations formed to achieve limited purposes. The State is formed with
unlimited purposes. It, on the other hand represents the society as a whole. It maintains
law and order and protects individuals from external aggression.
5. The State is more or less permanent and is not easily subject to dissolution but an
association may be dissolved at any time and on any ground. An association may be
dissolved due to internal differences among its members or when its purposes are
fulfilled. While associations are temporary, the State continues for all time to come.
6. The State is national in character. General principle is “one nation, one State”. But an
association may be local, national or international.
7. While the State is a broad and universal organisation, the associations are limited in
their activities.
8. Finally, the State is the supreme association in the society. It controls the activities of all
other associations. It may impose limitations on other associations. Associations cannot
go against the State. The State is like an elder brother to other associations. That is why,
it is said that the State is an “association of associations”. Barker rightly observed, “The

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State, as a general and all-embracing institution of life, must necessarily adjust the
relations of associations to itself, to other associations and to their own members.”

FUNCTION OF STATE:

The main functions are;

i. maintaining law, order and stability,

ii. All natural rights must receive adequate protection
iii. resolving various kinds of disputes through the legal system,
iv. providing common defence, and
v. looking out for the welfare of the population in ways that are beyond the means of the
individual, such as implementing public health measures,
vi. providing mass education

Lean Mayher (1971) stated the following basic functions of the state:

i. Limiting internal power struggles to maintain internal peace.

ii. Bringing power to bear on other societies in defence of national interest or in expanding
and building empire.
iii. Controlling the members of society so as to bind them to the pursuit of collective goals.
iv. Recognizing and implementing the interests and demands of various groups.

Secondary Functions

In general, the secondary functions cover all activities that cannot be adequately carried on
by private effort, whether individual or corporate.

i. Public Works
ii. Public Education
iii. public welfare
iv. Public Charity
v. Public Health, Safety, Morals, and Religion

CONCEPT OF ISLAMIC WELFARE STATE:

INTRODUCTION:

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The term "welfare state" refers to a type of governing in which the national government
plays a key role in the protection and promotion of the economic and social well-being of its
citizens. A welfare state is based on the principles of equality of opportunity, equitable
distribution of wealth, and public responsibility for those unable to avail themselves of the
minimal provisions of a good life. Social Security, federally mandated unemployment
insurance programs, and welfare payments to people unable to work are all examples of the
welfare state.

MEANING OF STATE:

The welfare state is a way of governing in which the state or an established group of social
institutions provides basic economic security for its citizens.

DEFINITION OF STATE:

By definition, in a welfare state, the government is responsible for the individual and social
welfare of its citizens.

CONCEPT OF WELFARE STATE:

The concept of welfare State has its origin in Western Europe after the Second World War.
The main idea of welfare State is that the government of welfare State plays a vital role in
human development. The role of the welfare State extends to the protection and promotion
of the wellbeing of its citizens. The economic and social wellbeing of the citizens is based on;

i. The principle of equality of opportunity

ii. equitable distribution of wealth
iii. Public responsibility for those who cannot afford themselves the minimal provisions
for leading a good life.

ISLAMIC CONCEPT OF WELFARE STATE:

Meaning of Islamic State:

An Islamic state is a form of government which is based on Islamic law.

Features of Islamic State:

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Following are the features of Islamic state;

i. Sovereignty of Allah
ii. Vicegerancey
iii. Shura
iv. Independence of Judiciary:
v. Welfare of the state:

Islamic state is a model of welfare state, providing basic facilities of life and shelter of all its
citizens. Hazrat Umar (R.A) says, “Even if a dog dies at the Bank of Dajl, I will be responsible
to Allah for him.”

vi. Protection of non-Muslim:

Holy Quran Says, Let there be no compulsion in religion”.

vii. Relation with other states:

viii. Obedience of ruler:

Duties of Islamic Welfare State:

Following are the duties of the state

i. Preservation of Din (Religion)

ii. Preservation of life
iii. Preservation of Progeny
iv. Preservation of Intellect
v. Preservation of Wealth

FUNCTIONS OF WELFARE STATE:

A government places a welfare program to make sure there is a certain standard and quality
of living for everyone in a country. It would primarily focus on children, making sure their
parents will be able to and clothe feed them properly. Other things it covers are day care
assistance, food stamps and unemployment.

Welfare State undertakes numerous functions which are divided into:

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 Regulative
 Protective and
 Welfare functions

I. Regulative Functions:

These include:

i. maintaining law and order,

ii. Promoting peace
iii. curbing anti-social elements and their activities,
iv. putting down communal, caste and class clashes,
v. Checking exploitation of labourers by passing necessary legislation etc.

II. Protective Functions

These include:

i. maintenance of internal Order,

ii. protecting territorial integrity,
iii. maintenance of basic institutions,
iv. maintenance of sound net-work of postal system, transport and communication
systems
v. regulation of trade, markets, weights and measures,
vi. prevention of theft, decoity and other criminal activities,
vii. conducting foreign relations with other countries,
viii. administering justice and punishing criminals, and
ix. safeguarding the country‘s territories sovereignty and independence against external

attacks and invasions etc.

III. Welfare Functions

These include:

i. eradicating the spread of contagious diseases like malaria, cholera etc.

ii. eradicating illiteracy by establishing educational institutions

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iii. reducing the economic inequalities by taking steps for distribution of national
income,
iv. providing employment opportunities to all qualified persons
v. Improving the working conditions of the workers by fixing hours of work,
compensation etc.
vi. creating healthy atmosphere in and outside industries.
vii. providing adequate social services such as unemployment benefits, disability
benefits, maternity benefits etc.
viii. introducing jail reforms for speedy disposal of cases and reducing the cost of judicial
litigation,
ix. introducing land reforms,
x. encouraging cottage and small-scale industries,
xi. undertaking Community Development Programmes, and
xii. Checking social evils etc.

In BRIEF Welfare State provides full employment, social security, housing, health and
education for all people.

1. Maintenance of Peace and ORDER:

The welfare state ensures internal peace and order and provides security to its citizens. It
efficiently guards its territory against external aggressions or threats. It maintains law and
order and establishes political stability. This reduces constant tension and anxiety for its
people.

2. Protects People’s Rights and Provides Justice:

The welfare state assures for its people the inalienable fundamental rights. It assures right
to life, liberty, and pursuit of happiness, equality, property, freedom of thought and
expression. It provides justice to all irrespective of class, colour, creed, caste, religion or
region.

3. Conservation of NATURAL Resources:

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In the general interest of the community the welfare state tries to conserve its natural
resources against the competitive private interests. It prevents the wasteful consumption of
the community’s resources, its forests, fisheries, wild life, minerals, art treasures, etc.

4. Provision of Education:

The welfare state gives high priority for education. It creates opportunities for the
individuals to develop their personality. It encourages more the weaker SECTIONS of the
society to come up educationally and economically. Some states like India have introduced
free but compulsory education at primary and secondary levels. The welfare state on its
own provides for primary and secondary schools, colleges, universities, research centres,
libraries, art classes, technical schools and institutes, medical and agricultural institutes, etc.

5. Arrangement of Public Utility Services:

The modern welfare states construct roads, railways and provide for irrigation, water-supply
and electric works. It provides for post and telegraph, radio, television, TELEPHONE and
other services. It makes arrangement for transport such as buses, railways, aero planes and
ships.

6. Encouragement of Trade, Industry, Commerce and Agriculture:

The welfare state on its own establishes some big industries to PROMOTE industrial
advancement and also to avoid exploitation. Iron and steel, locomotives, aircraft and other
heavy industries, big dams, multi-purpose projects, major transport and communication-
lines, etc., are often controlled by the states.

Certain industries are nationalised in the interests of the people. Still the welfare state gives
enough scope for the private parties and individuals to establish factories and start business
to promote initial growth. The state also encourages cottage or household industries and
agriculture.

7. Organisation of Labour:

The welfare state gives SPECIAL attention to needs of the working class. It makes
appropriate labour legislations and prevents their exploitation. It promotes their welfare in

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various ways. It gives them freedom to organise labour unions to protect their rights. It tries
to better the living conditions of the people also.

8. Protection of Old, Poor and the Handicapped:

The modern welfare states have taken it for granted as their main canon to protect the
interests of the old, poor, and the invalid. The old and the retired people are given pension,
the unemployed and the handicapped are given maintenance allowance. Various social
security measures are undertaken in ORDER to give the needed protection to all the needy
people of the state.

9. Maintenance of Public Health:

The welfare state provides many preventive and curative medical facilities to safeguard the
public health. It makes provision for sanitation, hospitals, free medicine, vaccination and
essential energising foods for the poor and so on. It arranges to control deadly diseases like
malaria, cholera, small pox, plague, T.B., venereal diseases, skin-diseases, leprosy, etc. It
runs medical colleges, research centres, training schools for nurses, etc.

10. Arrangement of Recreation:

The state provides for various means of recreation to its citizens, like films, drama, music,
exhibitions, fairs, etc. It also establishes public parks, museums, libraries, playgrounds,
conducts competitions to encourage merit, gives awards to the talented persons.

11. Maintains Social Harmony:

The welfare state lays down laws against evil and harmful customs and practices. By various
means it tries to bring people with different socio-religious background nearer. It strives
to PROMOTE social harmony by creating better understanding among people.

12. Prevents Disorganisation:

The welfare state also tries to prevent or check the process of socio-economic
disorganisation. By making use of various means it tries to solve such socio-economic
problems like crime, juvenile delinquency, prostitution, untouchability, population problem,

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poverty, beggary and so on. The efficiency of a welfare state can be measured by its
successful attempts in removing these problems.

13. Protection of life and property:

The first and the most IMPORTANT duty of the State are to protect the life and property of
its people. Some writers are of the opinion that the State came into existence for this very
purpose. The State makes laws regarding life and property. It checks others from interfering
into the affairs of the individual. If any individual violates the law of the State, he is
punished. The State regulates social life of the individual through laws.

14. Protection form external invasion or defense:

External security means security from external danger either of a military invasion or of
encroachment upon international rights. The State should, therefore, be in a fit condition to
defend itself against foreign attacks. For this purpose, it maintains a standing army, a navy
and to fight in defense of the State. In times of peace too, the State has to DEAL with
foreign powers and looks after its international interest. It also maintains diplomatic
relations with other countries.

15. Dispensing justice:

It is an important function of the State that it should organize an independent and powerful
judiciary. In the absence of an independent judiciary, people cannot have justice. The State
must maintain civil and criminal courts to administer justice. No liberty is possible without
rule of law. Those who violate law should be punished. The State should regulate the
conduct and activities of individual in the interests of all.

16. Physical welfare:

Physical welfare of citizens is considered as an optional function of modern State. It is

achieved by providing medical facilities, sanitation and conservancy system. Most of the
modern States perform these functions. Public health and hygiene of the people are
important in every State.

17. Regulation of import and export:

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No State is self-sufficient today. It has to IMPORT certain goods from other countries and
export certain goods to other countries. The State is to frame laws relating to import and
export policies. The people cannot be given complete freedom to import and export goods.

Those goods should be imported from other countries, which are essential, and those goods
should be exported to other countries, which are surplus. If the State does not regulate
import export, the people's plight will be quite miserable and there will be imbalance of
trade.

18. Social and economic security:

The State is morally bound to remove poverty and unemployment. It should, therefore,
provide protection against old age. Unemployment, etc. It can be done by introducing
insurance schemes against accident, old age etc.

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