STATE ( राज्य) || DEFINITION ||ELEMENT || PURPOSE | NECESSITY | JURISPRUDENCE | विधिशास्त्र

Описание: STATE

State is one of the most important legal institutions. Of all forms of human society the greatest is the State. It is said to be the source of all laws authority and power.

Meaning of State:-
The expression 'State' is derived from the Latin word 'STATUS' which means standing; i.e., position of a person or a body of persons. It is difficult to give a precise definition of a State because different political thinker and jurist have defined it in different ways. Some of the generally accepted definitions of the State are given by eminent jurist are as follows:-

WOODROW WILSON:- He defined State as a people organised for law within a definite territory.

SALMOND:- He defines State as an association of human being established for the attainment of certain end by certain means. The State is a society of men established for the maintenance of peace and Justice within a definite territory by way of force.

HOLLAND:- According to Holland a "State is a numerous assemblage of human beings, generally occupying a certain territory amongst whom the will of the majority or of an ascertainable class of person is, by the strength of such majority or class made to prevail against any of their members who oppose it."

GARNER:- He defines "State as a community or persons, more or less numerous, permanently occupying a definite portion of territory, independent or nearly so of external control, and possessing an organised government to which the great body of inhabitants render habitual obedience."
It can be inferred from the above definition that State is an association of human beings, whose members are considerably united with the appearance of permanence, for political end, for the achievement of governmental institutions.

ELEMENT OF A STATE

It may be that reiterated that a State is nothing but a politically organised society co-ordinating the activities of its members and protecting their interest by the maintenance of peace and the administration of Justice. There are certain essential elements of the State, which are as follows-
Population,
Territory,
Government and
Sovereignty

POPULATION:-
Population is the first essential element of a State but it should be a permanent population. It implies a large majority of people living together as a community. There can be no State without a populace (People). People means “an aggregate of individuals of both sexes who live together as a community of the fact that they may belong to different races or creeds or be of different colours”. No fixed number of persons is required to constitute a State. The population should be sufficiently numerous to maintain a state organisation.

TERRITORY:-
Second essential element of a State is defined territory. A territory in popular sense means an area under the control of a ruler or State: the whole, or a portion of the land belonging to a State. Territory may be small or large, it makes no difference. Territory is a definite portion of the earth's surface upon which the population permanently resides.

GOVERNMENT:-
The State must have some organisation to wield authority over its people. Such an organisation is called 'Government'. The State administers its will through the agency of the Government which normally has three organs namely the Legislature, the Executive and the Judiciary.
LEGISLATURE:- which formulates the will of the State i.e. performs law-making functions;
EXECUTIVE:- enforce and implements the law i.e. performs the law-application functions;
JUDICIARY:- which applies the laws to specific cases and settles the disputes i.e. performs adjudication functions.
There cannot be a State without a Government. Government should be such as to which the population renders habitual obedience.

SOVEREIGNTY:-
Sovereignty means the supreme power or authority, over which there is no control. In other words, Sovereignty has an attributes of freedom. Sovereignty of the State implies that it is completely free from any kind of external control and commands habitual obedience from the people within its territory.
PURPOSE PERFORMED BY THE STATE
The followings are most important purpose performed by the State:-
Public Welfare
Maintenance of Law and Order
Social Welfare
Establishment of Justice
Economic Welfare
Political Welfare

NESSECITY OF A STATE
State is a natural institution.
State is a social necessity.
State secure peace, security of all in society.
State provides adequate safeguards to people.
State defence to its people against external aggressions. State provides justice to people.
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in this topic I have discussed about the State, definition of State and element of State. I have also discussed about the purpose and necessity of State. hope this video will be useful and knowledgeable for Law Students.