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Elements of State

1. A state has four essential elements: population, territory, government, and sovereignty. 2. Population refers to the people living in the state's territory, including both citizens and aliens. There is no set limit on a state's population size. 3. Territory is the state's geographical area over which it exercises sovereignty, including both land and maritime territory. 4. The government is the state's machinery that makes, implements, and adjudicates laws, consisting of legislative, executive, and judicial branches. 5. Sovereignty is the most important element, as it represents the state's supreme power over its territory and people, both internally and in relation to other states.

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Abhishek Singh
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44 views

Elements of State

1. A state has four essential elements: population, territory, government, and sovereignty. 2. Population refers to the people living in the state's territory, including both citizens and aliens. There is no set limit on a state's population size. 3. Territory is the state's geographical area over which it exercises sovereignty, including both land and maritime territory. 4. The government is the state's machinery that makes, implements, and adjudicates laws, consisting of legislative, executive, and judicial branches. 5. Sovereignty is the most important element, as it represents the state's supreme power over its territory and people, both internally and in relation to other states.

Uploaded by

Abhishek Singh
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© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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Elements of State:

A State stands identified with its four absolutely essential elements:

1. Population:
State is a community of persons. It is a human political institution.
Without a population there can be no State. Population can be more or
less but it has to be there. There are States with very small populations
like Switzerland, Canada and others, and there are States like China,
India and others, with very large population.

The people living in the State are the citizens of the State. They enjoy
rights and freedom as citizens as well as perform several 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 state laws and policies. The State exercises supreme
authority over them through its government.

There is no definite limit for the size of population essential for a State.
However, it is recognized that the population should be neither too
large nor very small. It has to be within a reasonable limit. It should be
determined on the basis of the size of the territory of the State, the
available resources, the standard of living expected and needs of
defense, production of goods and supplies. India has a very large and
fast growing population and there is every need to check population
growth. It is essential for enhancing the ability of India to register a
high level of sustainable development.
2. Territory:
Territory is the second essential element of the State. State is a
territorial unit. Definite territory is its essential component. A State
cannot exist in the air or at sea. It is essentially a territorial State. The
size of the territory of a State can be big or small; nevertheless it has to
be a definite, well-marked portion of territory.

States like Russia, Canada, U.S.A., India, China, Brazil and some
others are large sized states whereas Nepal, Bhutan, Sri Lanka,
Maldives, Switzerland, Togo, Brandi and many others are States with
small territories. The whole territory of the state is under the
sovereignty or supreme power of the State. All persons, organizations,
associations, institutions and places located within its territory are
under the sovereign jurisdiction of the State.

Further, it must be noted that the territory of the state includes not
only the land but also, rivers, lakes, canals inland seas if any, a portion
of coastal sea—territorial waters or maritime belt, continental shelf,
mountains, hills and all other land features along with the air space
above the territory.

The territory of the state can also include some islands located in the
sea. For example Andaman & Nicobar and Daman and Diu are parts of
India. State exercises sovereignty over all parts of its territory. Ships of
the State are its floating parts and Aero-planes are its flying parts.
Even a States can lease out its territory to another State e.g. India has
given on lease the Teen Bigha corridor to Bangladesh.
3. Government:
Government is the organization or machinery or agency or magistracy
of the State which makes, implements, enforces and adjudicates the
laws of the state. Government is the third essential element of the
State. The state exercises its sovereign power through its government.

This sometimes creates the impression that there is no difference


between the State and Government. However it must be clearly noted
that government is just one element of the State. It is the agent or the
working agency of the State. Sovereignty belongs to the State; the
government only uses it on behalf of the State.

Each government has three organs:


(1) Legislature—which formulates the will of State i.e. performs law-
making functions;

(2) Executive— enforces and implements the laws i.e. performs the
law-application functions; and

(3) Judiciary—which applies the laws to specific cases and settles the
disputes i.e. performs adjudication functions.

Government is an essential element of State. However it keeps on


changing after regular intervals. Further, Government can be of any
form—Monarchy or Aristocracy or Dictatorship or Democracy. It can
be either Parliamentary or Presidential or both. It can be Unitary or
Federal or of mixture of these two in its Organization and working. In
contemporary times every civilized State has a democratic
representative, responsible transparent and accountable government.
4. Sovereignty:
Sovereignty is the most exclusive element of State. State alone
possesses sovereignty. Without sovereignty no state can exit. Some
institutions can have the first three elements (Population Territory
and Government) but not sovereignty.

State has the exclusive title and prerogative to exercise supreme power
over all its people and territory. In fact, Sovereignty is the basis on
which the State regulates all aspects of the life of the people living in
its territory.

As the supreme power of the State, Sovereignty has two


dimensions:
Internal Sovereignty and External Sovereignty.

(i) Internal Sovereignty:


It means the power of the State to order and regulate the activities of
all the people, groups and institutions which are at work within its
territory. All these institutions always act in accordance with the laws
of the State. The State can punish them for every violation of any of its
laws.

(ii) External Sovereignty:


It means complete independence of the State from external control. It
also means the full freedom of the State to participate in the activities
of the community of nations. Each state has the sovereign power to
formulate and act on the basis of its independent foreign policy.
We can define external sovereignty of the State as its sovereign
equality with every other state. State voluntarily accepts rules of
international law. These cannot be forced upon the State. India is free
to sign or not to sign any treaty with any other state. No state can force
it to do so.

No State can really become a State without sovereignty. India became


a State in 1947 when it got independence and sovereignty. After her
independence, India got the power to exercise both internal and
external Sovereignty. Sovereignty permanently, exclusively and
absolutely belongs to the State. End of sovereignty means end of the
State. That is why sovereignty is accepted as the exclusive property
and hallmark of the State.

These are the four essential elements of a State. A State comes to be a


state only when it has all these elements. Out of these four elements,
Sovereignty stands accepted as the most important and exclusive
element of the State.

No other Organization or institution can claim sovereignty. An


institution can have population, territory and government but not
sovereignty. Andhra Pradesh, Tamil Nadu, Orissa, Punjab, Sikkim, in
fact all states of the Indian Union have their populations, territories
and governments.

These are also loosely called states. Yet these are not really states.
These are integral parts of the Indian State. Sovereignty belongs to
India. Sikkim was a state before it joined India in 1975. Now it is one
of the 28 states of India. UNO is not a state and so is the case of the
Commonwealth of Nations, because these do not possess sovereignty.
SAARC is not a state. It is only a regional association of sovereign
states of South Asia.

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