Definition of State and It's Elements
MEANING AND DEFINITION OF STATE
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. His important work is titled as “Prince”.
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. Though the state is a necessary institution,
no two writers agree on its definition.
State is an association and it means a nation or territory considered as an organized political community under one government. State in
another sense, the political organization that has supreme civil authority and political power and serves as the basis of government and a
government or politically organized society having a particular character.
According to Wikipedia, A state is a type of polity that is an organized political community living under a single system of government.
States may or may not be sovereign. For instance, federated states are members of a federal union, and may have only partial sovereignty,
but are, nonetheless, states. Some states are subject to external sovereignty or hegemony, in which ultimate sovereignty lies in another state.
States that are sovereign are known as sovereign states.
ELEMENTS OF STATE
There are for components of a state and these are described in the following:
1. 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. According to Plato the ideal number would be 5040. According to Aristotle, the number
should be neither too large nor too small. It should be large enough to be self – sufficing and small enough to be well governed. Rousseau
determined 10,000 to be an ideal number for a state. Greek thinkers like Plato and Aristotle thinking on the number was based on small
city – states like Athens and Sparta. Modern states vary in population. India has a population of 102,70,15,247 people according to 2001
census.
2. Territory: There can be no state without a fixed territory. People need territory to live and organize themselves 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.
In the words of Prof. Elliott “territorial sovereignty or the Superiority of state overall within its boundaries and complete freedom from
external control has been a fundamental principle of the modern state life”.
3. 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.
According to C.F. Strong, in order to make and enforce laws the state must have supreme authority. This is called the government.
4. 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. the father of modern theory of sovereignty was Jean
Bodin (1530 – 1597) a French political thinker.
Sovereignty has two aspects: Internal sovereignty means that the State is supreme over all its citizens, and associations. External sovereignty
means that the state is independent and free from foreign or outside control.
Definition, Characteristics and Types of Sovereignty
What is Sovereignty?
Sovereignty is derived from the Latin word “Superanus” which means supreme or paramount.
Sovereignty is the supreme authority and power of a state to make and enforce laws/policies within its area of jurisdiction. The
state exercise its power and authority in any way it can [either De facto or De Jure (they will be explained below)] without any
means of external interference or control. The French philosopher, Jean Bodin (1530-1590), propounded the idea of sovereignty
his publication of “The Republic” in 1576.
The Strouds Judicial Dictionary defines sovereignty as, ‘A government which exercises de facto administrative control over a
country and is not subordinate to any other government in that country or a foreign sovereign state.’ (The Arantzazu Mendi,
1939, A.C. 256)
Sovereignty exists in two aspects:
1. Internal Sovereignty– This is absolute power of a state to enforce law and compel obedience within its area of authority.
2. External Sovereignty– This is the power a state exercise to run its affairs without external control or interference. The state
is subject to no other authority and remains independent.
Characteristics of Sovereignty
1. Permanence– This is the major attribute of sovereignty. Sovereignty should exist as long as a state remain independent.
Sovereignty is a permanent feature of a state unlike the government.
2. Absoluteness– Sovereignty is supreme and absolute. It is not subject to any control or interference.
3. Independence– Sovereignty doesn’t allow external interference , therefore, a sovereign state is independent and free from
external control.
4. Indivisibility– The sovereignty of a state is indivisible. It remains single and absolute.
5. Unity– “Unity is the spirit of Sovereignty”. A sovereign state should stay united.
6. Comprehensiveness– Every member of the state is subject to the sovereignty of the state. The power of a state is
universally applicable.
Types of Sovereignty
1. Legal Sovereignty– This is the sovereignty vested on the law making body in a state. E.g. Parliament
2. Internal Sovereignty– This is the absolute power of a state to make and enforce law within its area of jurisdiction.
3. External Sovereignty– This refers to the power of the state to run its affairs without any form of foreign interference.
4. De jure Sovereignty– De jure sovereignty is having independent legal rule over one’s own country. The state have the right to
control its military, finances, territory and people.
4. De Facto Sovereignty– This sovereignty make use of force in compelling obedience. However, such state might see itself as a
sovereign state while other external nations might not. E.g. Military government.
5. Political Sovereignty– This sovereignty resides with the supreme body in a state. Political sovereignty lies with the electorates/
citizens.
However, there can be some limitations to the sovereignty of a state
1. Membership of international organizations
2. The military in government
3. The constitution
4. The electorate/ citizens
5. Public opinion
6. Dependency of a state
7. Pressure groups
8. Customs and Traditions
9. Type of government in practice
10. War
