State and Government
What is a State?
Defined by Black’s Law Dictionary as a politically organized body of people governed by a system of rules.
- J.W. Garner:
- State is a community of persons, permanently occupying a definite territory, independent of external control, and possessing an organized government with sovereign authority.
- Four Essential Elements of a State:
- Population – The people living within the State.
- Territory – A fixed geographical boundary.
- Government – The system regulating the State.
- Sovereignty – Supreme power to govern itself.
Article 12 of the Indian Constitution and the Concept of State
Definition under Article 12:
“The State includes the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India.”Components of the State:
➡Government and Parliament of India (Union Executive & Legislature)➡Government and Legislature of each State
➡Local and other authorities within India
➡Local and other authorities under the control of the Government of India
Quick Facts about Article 12
➡Defines ‘State’ in the context of Fundamental Rights (Part-III of the Constitution).➡Not a Fundamental Right, but essential for enforcing rights under Articles 14-35.
➡Judiciary is not explicitly mentioned as a ‘State’ under Article 12 but cannot make rules violating Fundamental Rights.
What is Government?
Defined by Black’s Law Dictionary as a structure of principles and rules that regulate a state or organization.Difference Between State and Government
| State | Government |
|---|---|
| Has four essential elements: Population, Territory, Government, and Sovereignty. | Government is only one element of the State. |
| Sovereignty belongs to the State. | Government exercises power on behalf of the State. |
| State is a territorial entity and has jurisdiction over its territory. | Government’s responsibility is to protect and govern the State. |
Emergence of the State from Society
State Formation
➡Aristotle (384-322 BCE): "Man is a social animal; Man is a political animal."➡A society governed by laws, rules, and a supreme authority qualifies as a State.
➡R.M. MacIver: State regulates external relationships in society but does not create all social institutions.
State = Politically Organized Society
These notes provide a clear and concise understanding of the State, Government, and their differences, along with Article 12 of the Indian Constitution. Let me know if you need further simplifications! 😊
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