UNIT -1 : Introduction To Political Institutions
CHAPTER -1 : CONCEPT OF STATE
Q1 Define the term State
OR
What is a state ?
Ans : Black’s Law dictionary defines ‘State’ as “the political system of a body of people who are
politically organised; the system of rules by which jurisdiction and authority are exercised over such
a body of people.
Q2 Explain the concept of state as per Article 12 of the Indian Constitution ?
Ans Article 12 of the Constitution of India states that, the State includes the Government and
Parliament of India and the Government and the Legislature of each of the States and all local or
other authorities within the territory of India or under the control of the Government of India.”
Q3 List the components of the state as per Article 12 of Indian Constitution ?
Ans As per Article 12 of Indian Constitution -:
State includes the following:
1. The Government and Parliament of India, i.e., Executive and Legislature of the Union
2. The Government and Legislature of each State, i.e., Executive and Legislature of the State
3. All local and other authorities within the territory of India
4. All local and other authorities under the control of the Government of India
Q4 Define the term Government ?
Ans Black’s Law dictionary defines ‘Government’ as “the structure of principles and rules
determining how a state or organization is regulated.”
Q5 What is the difference between State and Government?
Some of the main differences between state and government are as follows:
STATE GOVERNMENT
A State has four essential elements— Government is only one element of the State.
Population, Territory, Government and
Sovereignty.
Sovereignty is the hallmark of the State. It The government exercises power on behalf of
belongs to the State. the State
The State has sovereign ownership and The government has the responsibility to
jurisdiction over its territory. State is a preserve, protect and defend the territory of
territorial entity and territory belongs to it. the State.
Q6 How did the state emerged from the society?
Ans The State is usually described as ‘society politically organized’. Society is an association of
human beings, who live a collective life and form social relations to fulfil their needs of life. These
may be physical, emotional, intellectual or spiritual.
Society is the whole web of social relationship based on kinship, affinity, language affinity, religious
affinity, common conscience of individuals and territorial affinity. Social relationships are governed -
by necessity, custom, courtesy, morality, mutual understanding, agreement or even contract.
When a society is governed by common set of laws, rules, regulations, and obey a supreme
authority, it qualifies for being a State. The State fulfils the need of political organization of society to
realize the purpose of collective living.
Thus, the State is formed out of society. The society is the primary association. A State is formed to
regulate the political activity of individuals for social order. The State depends on society for its
existence, and not vice versa
According to J. W. Garner, ‘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’. The definition given by Garner contains all the elements of the state. The state must
possess four elements, namely, population, territory, government and sovereignty
Q7 Define the term State ? Explain the different theories based on state has emerged
Ans According to J. W. Garner, ‘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’. The definition given by Garner contains all the elements of the state. The state must
possess four elements, namely, population, territory, government and sovereignty.
Different theories based on which state has emerged from society are
1) THEORY OF KINSHIP
The theory of kinship on the origin of State is based on sociological facts. The earliest
advocate of this theory is Aristotle (384-322 BCE). In his treatise, ‘Politics’ Aristotle states,
‘Society of many families is called a village and a village is most naturally composed of the
descendants of one family, the children and the children’s children…, for every family is
governed by the elder, as are the branches thereof, on account of their relation, there
unto…. and when many villages so entirely join themselves together as in every respect to
form but one society, that society is state and contains in itself that perfection of
government’. The blood relationship and kinship brought the members of the family
together and they all accepted the authority of the head of the family. The name of the
common ancestor was the symbol of kinship. Kinship created society and society then
turned into state.
2) PATRIARCHAL THEORY
According to Patriarchal Theory, in the origin and development of State, the eldest male
descendant of the family had an important role to play. The Patriarchal theory finds its
support from Sir Henry Maine (1822-1888). In his book ‘The Spirit of Laws’ (1861), Maine
explained that the state developed out of the family as legitimate legal system developed
out of the unrestrained autocracy of the family head (patria potestas). Under patria
potestas, the eldest male parent of the family had the final and unqualified authority over
the family and the household. He expanded the family ties by polygamy and thus created
the bondage among the individuals on the basis of kinship to form a state. The congregation
of families formed villages, and extension of villages formed tribes or a clan, ultimately to
form State.
3) MATRIARCHAL THEORY
Matriarchal Theory finds support from political thinkers like McLennan (1827-1881), and
Edward Jenks (1861-1939). According to them, patriarchal families were non-existent in the
primitive ages. Polyandry (where a woman had many husbands) was the highest authority
of the household. McLennan described mater familias (mother as the head of family) as
the martia potestas (mother as the final authority) in matters of possession and disposal
of property of the family.
Edward Jenks illustrates this process from his studies of primitive tribes in Australia. The
Australian tribes were organized in some sort of tribes known as totem group. The totem
groups were not organized on the basis of blood relationship but they were united by a
common symbol like a tree or an animal. Men of one totem group would marry all the
women of their generation belonging to another totem group. Thus, the system of marriage
included polygamy as also polyandry. Kinship and paternity in such cases could not be
determined but maternity was a fact.
4) DIVINE THEORY
According to the Divine Theory, state is established and governed by God or some super
human power or the King as his agent and the religious scriptures. As God created the
animals, plants, trees, rivers, hills and other inanimate objects, the God also created the
state for a particular end in view, that is, peace, protection and preservation of creatures on
this earth. This theory found support from political thinkers such as James I (1566-1625) and
Sir Robert Filmer (1588-1653).
This theory implies individuals to obey and support some definite ruler with a high moral
status equivalent to God. This theory adds moral character to state functions. Laws backed
by religious sanctions appealed more to the primitive man to live under the authority of the
king. Hindus, Christians, Muslims, Jews, and many other faiths of this world hold a similar
view, that the origin of political authority had divine sanction. Hinduism considered King
Rama and King Krishna as divine incarnations on this world. The Islamic states also seek to
uphold the reign of God (Allah) on earth. Christianity also traced the origin of political theory
to the will of God
5) SOCIAL CONTRACT THEORY
The Social Contract Theory traces the existence of the State to the mutual agreement and
mutual consent of the people, to form a State. Thomas Hobbes and John Locke, both from
England, and Jeans Jacques Rousseau from France, are the three political philosophers who
propounded this theory. They assumed that, to escape from the pre-political condition of
society, individuals entered into a social contract. These theories served as the basis for
modern democracy. The pre-political condition of mankind was described as the state of
nature.
THOMAS HOBBES JOHN LOCKE JEAN JACQUES ROUSSEAU
Pre- Political State i.e State Pre- Political State i.e State Pre- Political State i.e State
of Nature -: State of war of Nature -:State of peace , of Nature -: He described
and conflict natural rights , preservation state of nature as state of
, goodwill and mutual peace and happiness.
assistance.
Ruler was sovereign and his Ruler is party to social and The social contract is
power was the supreme and governmental contract . amongst the people and the
all individuals were bound Government authority was rule is done as per the
by the decision of ruler. at the consent of the “GENERAL WILL” . All the
community people submit to the
“GENERAL WILL” and enjoy
the rights .
Ruler enjoyed unquestioned Ruler / King worked in a Rousseau regarded
obedience and people had concept of limited “GENERAL WILL” as
no right to revolt , even if government . The king was sovereign and government
ruler was un accountable trustee of people , If the is merely the tool to
ruler abused his powers execute that “GENERAL
and breached popular trust WILL” . Popular sovereignty
. He could be removed by that is “GENERAL WILL”
doing revolt . continues to rule hence
there is no scope to revolt
Literary Work : Leviathan Literary Work : Two Literary Work : Social
Treaties of Government Contract
CRITICISM OF SOCIAL CONTRACT THEORY
This theory is criticized on certain common counts. First, the individuals who were naive to
the concept of political authority and civil rights could not, from any particular point of time,
enter into an agreement and start living a collectivized civil life. Second, if the existence of
state is based on agreement of the members of a society, then the old agreement may be
revoked for new in accordance with the self-interests of the members. Thus, a mechanically
originated state will run under the constant fear of destabilization.
Q 8 When could individuals disobey sovereign in the social contract theory given by
Thomas Hobbes?
Ans Hobbes allowed individuals to disobey the commands only when the sovereign deprived
them of their right to self-preservation or the ruler got conquered and submitted authority
to a new emperor.
Q9 List and explain the different elements of the state?
Ans
A ) POPULATION
The state is a human association constituted by the people living there. Population is an
essential element of a state. It is the people who make a state, without them there can be
no state. The people are the ones who create the state. They also maintain the resources,
live on the land, and form the Government. The population must be large enough to make a
state and sustain it.
Plato (429-347 B.C.E) in his book ‘The Laws’ suggested a figure of 5040 citizens for
constituting an ideal State. ( What should be the minimum number of citizens to consider a
territory a state ?)
Aristotle (384-322 BCE) states that the population of a state should neither be so large that
administration may be inconvenient nor so small that people may not lead a life of peace
and security. On the nature of population, it may be homogeneous or heterogeneous in
respect of race, religion, language or culture. Countries such as India, United States of
America, and Canada have population marked with such diversity. People’s Republic of
China has a population of more than 1400 million people, whereas the smallest state in
the world Vatican has a population of only 821 people.
(Name the Country having highest and lowest population )
B) TERRITORY
A state is a territorial institution. The fixed territory and population of a state gives it a
physical identity in the eyes of municipal law and international law. Territory is a
geographical area that is owned and controlled by a government or country to exercise state
sovereignty. Aristotle (384-322 BCE) favoured the State having moderate size. Montesquieu
(1689-1775) said that there is a necessary connection between the size of the state and the
form of government best suited to it. The fact is that the states of the world vary in terms of
demographic strength. San Marino has an area of 36 sq. miles, whereas the United States of
America has a territory of 37,38,395 square miles.
Territories constitute the physical basis of the state. Nomads and gypsies can have no state
because they lead a wandering life. It is important that a state should possess an undisputed
territory of its own over which it should have exclusive jurisdiction. Furthermore, it should
have territorial contiguity, i.e., geographically it should be one composite whole. A fixed
territory is • TEXTBOOK OF LEGAL STUDIES XI-2022-2023 • www.cbseacademic.nic.in UNIT I
UNIT II UNIT III UNIT IV UNIT V 10 not essential to the existence of a state provided that
there is an acceptable degree of what is characterized as ‘consistency’ in the nature of the
territory in question, and of its population. In fact all modern states are contained within
territorial limits
C) GOVERNMENT
Government is the political and administrative organ of a State. The state operates through
its government. The state consists of all its citizens, and is a broader concept. The
Government is the sum total of legislative, executive, and judicial activities of a state. It also
includes internal bodies, sub-state governing authorities at the local and regional levels, such
as the Municipal Corporations, Municipal Councils, Panchayats and Gram Sabhas in India.
The government of a state makes provisions for the services of defence, foreign relations,
levy of taxes, issue of currency, building of roads, bridges, transportation, communication,
water supply, electricity, health education and other types of social and physical
infrastructure. The government of a state shall be so organized that it enforces law to
maintain order, peace and security. As the role of a state changes, so does the form of
government.
D) SOVEREIGNTY ( Q Explain the Concept of Internal and External Sovereignty ?)
Sovereignty is the crucial factor that distinguishes the state from other associations. Without
Sovereign there can be no state in the technical sense of the term. Sovereignty is the most
essential ingredient and characteristic in the formation of the state. No state can exist
without internal and external sovereignty. Internal sovereignty means that the people
residing within the territory of the state give their unqualified obedience and support to the
authority of the state, and further that the state is supreme in all its internal matters. It is by
virtue of its sovereignty that the state makes its laws and decisions and issue commands
which are binding on all citizens.
External sovereignty is understood as the freedom of state from external control and
influence. The state should be treated at par with other states and should not be assigned
any inferior position. The state should be free to enact its own laws as well as foreign policy
without any external pressure.
Q List and Explain different role of state ?
Political thinkers have different opinion regarding the role of the state. In the words of
Professor MacIver, “the state has no finality, can have no perfected form. The state is an
instrument of social man.” To many scholars the functions of the state are also different.
Some consider state as a moral and ethical institution whereas others consider it as an evil
institution. MacIver has referred to different notions of the state such as class organization,
legal institution, mutual insurance agency, unnecessary evil, necessary evil, the march of
God on earth, welfare system, power system, state as an organism etc.
The different categories towards of role of state are given below
MINIMAL STATES
The ideal of minimal states is a contribution of classical liberals. Political thinkers like John
Locke, Jeremy Bentham, J. S. Mill, Herbert Spencer are associated with this approach. The
idea is to ensure the widest possible individual liberty. People who ascribe a minimal role to
the state believe that a laissez-faire (‘let it be’ or ‘leave it alone’) approach to the economy is
most likely to lead to economic prosperity. States’ role is to protect individuals from
interference in their liberty and that transactions between private individuals are voluntary
and free. According to John Locke’s theory, ‘state acts as a night watchman’ whose services
are called upon when orderly existence is threatened. The state must exercise the basic role
of providing protection from external attacks, enforcing agreements and maintaining
domestic order. Minimal states play a minimum role in interfering with the social and
economic life of the subjects
FOR EXAMPLE : In contemporary political system states i.e. government is more into
maintenance of law and order and security , basic amenities and services are all privatized
like electricity , education , health , entertainment is all taken cared by the private sector
only , it is no more under the jurisdiction of state .
DEVELOPMENTAL STATES
A developmental state is characterized by having strong state intervention, as well as
extensive regulation and planning. The term ‘developmental state’ describes the states’
essential role in harnessing national resources and directing incentives through a distinctive
policy-making process. The first person to seriously conceptualize the developmental state
was Chalmers Johnson (1931-2010). Johnson defined the developmental state as a state that
is focused on economic development and takes necessary policy measures to accomplish
that objective.
SOCIAL DEMOCRATIC STATES
Social democratic states are the ideal type of states viewed by modern liberals and
democratic socialists. The state functions on the principle of fairness, equality and equal
distribution of wealth to achieve social, political and economic justice, equality and
empowerment of its people. The state is considered necessary to promote economic growth
and social well-being of its people.
COLLECTIVIZED STATES
They undertake the control of economic life, by bringing common ownership of all economic
resources under their own control for the welfare of all. The state makes laws to control the
private property of their citizens. People’s Republic of China follows such a policy. The state
takes care of the economic needs of its citizens i.e. provides food, shelter, employment and
the citizens must not act against the government policies.
TOTALITARIAN STATES
Philosophers like Hegel and dictators such as Hitler and Mussolini held that the state must
have absolute powers and individuals have no right against the state. According to this view,
the state can do no wrong. The whole life of an individual is within the jurisdiction of the
state.
MODERN WELFARE STATE
Irrespective of the classification, functions of a modern welfare state include the
maintenance of law and order, establishment of justice, defence, public security and foreign
relations, maintenance of public health and sanitation, water supply, transport and
communication system, supply of power, electricity and essential commodities, control of
banking, currency and inflation, preservation of forests, checking of trading and control of
prices and measurements etc. Other functions include the removal of social exploitation and
establishment of social unity, provision of economic and other benefits to weaker sections,
social security to old age people, widows, orphans and disabled, protection of workers by
regulating minimum wages, pension, education of the masses, encouragement of art and
literature, scientific and technological research and cultural exchanges to increase the spirit
of cultural unity and harmony among the masses.
Q Patria, a locatable place on the world map, having a considerable territory under
its control, consisted of a population of 1 million people. It was ruled by Col.
George, however, the place did not gain any international political recognition as
one of the major elements was missing. Identify and explain all the elements of
state. ( CBSE REFERENCE QUESTIONS)
Ans The element missing in the given case is Sovereignty.
All the elements of the state are explained in Q9 of the given document
Q How has the concept of state been defined in the Constitution of India? Why do you
think it has been included in Part III of the Constitution? ( CBSE REFERENCE QUESTIONS)
Ans Article 12 of the Constitution of India states that, the State includes the Government
and Parliament of India and the Government and the Legislature of each of the States and all
local or other authorities within the territory of India or under the control of the
Government of India.”
As per Article 12 of Indian Constitution -:
State includes the following:
1. The Government and Parliament of India, i.e., Executive and Legislature of the Union
2. The Government and Legislature of each State, i.e., Executive and Legislature of the State
3. All local and other authorities within the territory of India
4. All local and other authorities under the control of the Government of India
Since part III of the Constitution deals with Fundamental Rights . In the applications of the
provisions of Fundamental Rights for Indian citizens , the term “State” has been used in a
wide concept . To provide clarity to the term , the concept of state has been added in part III
of the constitution.
Q How would you differentiate between India as a state and the various states of
India?
INDIA AS A STATE STATES OF INDIA
India as a state comprises all the states , States of India are divided in different
Union territories with respective state constituency having their separate
governments and other authorities government
India as state is responsible for entire States of India is limited to one state
country and is governed by one central governed by their respective state
government . government
The highest judicial power is with Supreme The highest judicial power is with High
Court of the country Court of the respective state
The Central government takes care of the The state government takes care of the
country by deputing Lieutenant Governor state through democratically elected
in each state government by the people of the state .
Q Imagine yourself living in a state of nature. Which aspects of your life would you want
to give up and what would you expect in return? What kind of social contract would you
enter into and with whom?
Ans I would like to give up on the State of happiness and bliss which is not directed by state
. In which every individual is so free that they might harm the interest of the other individual
to satisfy themselves
By submitting the state of happiness and bliss , I would expect that a “General Will “ should
be made keeping in consideration the needs, desires and aspiration of each individual .
I would like to enter in the social contract explained by Jean Jaques Rousseau in which
Rousseau regarded general will of the people as sovereign. The common good depends on the
prevailing circumstances of a society. According to Rousseau, the government is merely the tool to
execute the popular will. Thus, popular sovereignty is in continuous exercise and there is no scope of
revolt in his theory.
