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What are the elements of a State ?
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Elements of State:
A State stands identified with its four absolutely essential elements:
Population:
Territory:
Government:
Sovereignty:
State is the Natural Institution:
State is a Social Necessity:
Economic Necessity of State:
State secures Peace, Security and Welfare of all in Society:
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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 populations.
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 recognised 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 defence, 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, India, China, Brazil and some others are large sized states whereas Nepal, Bhutan, Sri Lanka, Switzerland, Togo, 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, organisations, associations, institutions and places located within its territory are under the sovereign jurisdiction of the State.
The territory of the state can also include some islands located in the sea. For example Anadaman & 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 organisation 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.
4. Sovereignty:
Sovereignty is the most exclusive element of State. State alone posses sovereignty. Without sovereignty no state can exit. Some institutions can have the first three elements (Population Territory and Government) but not sovereignty.
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.
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