STATE

STATE

Definitions:-

1) Woodrow Wilson - "state is people organised for law with definite territory".

2) D.I. Bluntschli - State is "the politically organised national person of a definite country".

3) Oppenheim - "The State exists when a people settle in a country under its own sovereignty".

4) Burgers - State is "particular portion of mankind viewed as an organised unit".

Elements:-

The State possesses 4 essential elements, namely - population, territory, government, and sovereignty.

1. Population
   Since the State is primarily a human institution,. it must have population. We cannot conceive of a State without human beings. There must be a no of families before a State can come into existence. 1 or 2 families or 2 or 300 people cannot make a state.
   Population is the quality upon which the strength of the sate depends. Aristotle feels "a good citizen makes a good state and bad citizen makes a bad state". Honest, hardworking and intelligent people are boon to the state.
   People are of diff types. They are citizens, aliens and minors; rich-poor, educated-uneducated; rulers-ruled, male-female, etc. Population was a definite asset for a state in earlier days when physical power was the main source of production process as well as defense of the country. It is accepted that the population should be in proportion to the resources available in the territory.
2. Territory
   Another imp physical feature of State. People must live permanently on a definite portion of land to make a state. Bluntschli says that "the state has its personal basis in land. The people do not become a state until they have acquired territory".
   The territory includes lakes and river, subsoil, airspace and mines. It includes not only the "land" but also sea up to prescribed limits, i.e., 12 miles, certain gulfs, bays, and streams. The area maybe big or small. It is not necessary that a state should have a compact territory. A state may have an unconnected territories. As Laski says " The territories of the state are the regions over which it can exercise sovereignty".
   State becomes powerful provided it has scientific and technological advancements. Therefore, it is territory but not the size of the territory which is the yardstick of statehood.
3. Government
   Another imp element of state. State cannot exist in the absence of government. It is set up to direct, regulate and control men's activities to enable them to live together harmoniously and constructively and lo solve their common problems more energetically and effectively. Its an agency created to enforce such rules of conduct and to ensure obedience.
   Garner says "without government the population would be an incoherent, organised, anarchic mass with no means of collective union".
   The Government is the sum total of legislature, executive, judiciary and internal bodies. The legislature makes the laws, the executive enforces the laws and judiciary interprets the laws. The three dept of gov cant be separated into three watertight compartments. Its an agency of the State that maintains law and order without which no progress is possible.
   There is no definite rule as to which should be the form of gov. It can be dictatorship or democracy, Parliamentary or Presidential but what matters is that there should be an organised agency called GOVERNMENT to provide peace and prosperity to the people.
4. Sovereignty
   Its the most Imp element of the state. Its the supremacy or the supreme power. Its a characteristic possessed by the state alone which makes it independent and supreme. Distinguishes the state from all other forms of human association. Who do not obey the laws are punished; this is Internal Sovereignty. External Sovereignty means that the state is free to make its foreign policy without any external pressure. Externally the country should be completely free from foreign control and dictation.