Concept of State
14 min readUpdated Nov 2, 2026
The State has a central place in jurisprudence and in political theory. Human beings are social by nature, and they cannot live alone. To regulate social life, keep order, protect rights and promote welfare, they need an organised political institution. That institution is the State.
The State has grown slowly with human civilisation. It began with small tribal groups, and it became the modern political organisation that controls society through law and force.
Meaning of State
State
In the political and legal sense, an organised community of people, living in a definite territory, under an organised government, and having sovereignty.
e.g.India, with its people, its territory, its Government and its sovereignty, is a State.
Word originThe word "State" comes from the Latin word status, which means a standing or position.
Definitions of State
How jurists define the State
JuristDefinition in short
Woodrow WilsonA people organised for law within a definite territory
HollandA large group of human beings, usually living in a certain territory, among whom the will of the majority prevails
SalmondAn association of human beings, set up to maintain peace and justice within a definite territory, by the use of force
GrotiusA complete union of free men, formed to enjoy law and for the sake of public welfare
- The definitions differ in stress, but they share four ideas. Population, territory, government and sovereignty are essential for a State to exist.
- Salmond's definition stresses force, and Grotius stresses welfare. One looks at what the State does to keep order. The other looks at what the State is for.
"State" in the Constitution of India
- Article 12 gives a wider meaning of "State" for the purpose of fundamental rights. It includes the Government and Parliament of India, the Government and legislature of each State, and all local and other authorities within the territory of India or under the control of the Government of India.
- The courts have decided which bodies are "other authorities". In Ajay Hasia v. Khalid Mujib Sehravardi (1981), a college that was run by a society, and was funded and controlled by the government, was held to be an instrumentality of the State. As a result, fundamental rights can be enforced against it.
Nature of the State
- The State is a political organisation, and not a mere social group. It rests on authority and law.
- The State is a juristic person, which means it can hold rights and duties. Under Article 300 of the Constitution, the Union of India and the States can sue and be sued. In State of Rajasthan v. Vidhyawati (1962), the Supreme Court held the State liable for the negligence of the driver of a government jeep, in the same way as a private employer.
- The State is a sovereign authority. It is supreme inside its territory and independent of other States outside it.
- The State exists to keep law, order, peace and justice.
- The modern State is a welfare State. It is concerned with the overall development of its people, and not only with administering justice.
- The State is therefore both a legal and a political institution.
Origin and Evolution of the State (Theories)
01Divine Theory
The State is created by God, and rulers get their authority directly from the divine will.Kings were seen as God's representatives on earth.Weakness: The theory is unscientific and undemocratic, and it ignores the will of the people. It has lost its relevance in modern democratic societies.
02Natural TheoryAristotle
The State is a natural institution, because man is a political animal.Aristotle said that the State is a natural growth that arises out of human needs.Weakness: The theory does not explain how the State actually came into being.
03Social Contract TheoryHobbes, Locke and Rousseau
The State came into existence through an agreement among individuals.Thomas Hobbes said that life in the state of nature was "solitary, poor, nasty, brutish and short". To escape it, people surrendered all their powers to a sovereign. John Locke said that people made the contract to protect their natural rights to life, liberty and property, and that sovereignty remained with the people. Jean-Jacques Rousseau said that sovereignty lies in the general will of the people.Weakness: There is no historical evidence of such a contract. However, the theory stresses that consent is the basis of the State's authority.
04Patriarchal TheorySir Henry Maine
The State grew out of the family.The father's authority extended over clans and tribes, and gradually led to the State. Sir Henry Maine, in Ancient Law (1861), is the best-known supporter of this view.Weakness: The family alone cannot explain the complex structure of a modern State.
05Matriarchal TheoryJ.F. McLennan and L.H. Morgan
Early societies were organised around mothers, and authority passed through the female line.Weakness: The theory lacks historical and practical support, and few accept it.
06Force Theory
The State began in conquest and the power of the strong over the weak.Weakness: It explains why a State uses force, but it cannot explain why people obey even where force is not used.
07Evolutionary Theory
The State grew slowly over time.Kinship, religion, force, economic needs and political awareness all played a part. This is the most widely accepted view today. It matches the point that the State has developed gradually with civilisation.
The theories of the origin of the State
TheoryBasic ideaMain criticism
DivineGod created the State, and rulers derive authority from GodUnscientific and undemocratic
NaturalMan is a political animal, so the State is a natural growthDoes not explain the process
Social contractThe State came from an agreementNo historical evidence
PatriarchalThe State grew from the familyA family cannot explain a modern State
MatriarchalEarly society centred on mothersNo historical support
ForceThe State came from conquestDoes not explain voluntary obedience
EvolutionaryThe State grew slowly from many causesDoes not give one clear starting point
Essential Elements of the State
- Population: There must be a group of people living together. No fixed number is required. However, the population must be large enough to maintain social life.
- Territory: A definite territory is essential. Its size does not matter, but its boundaries must be reasonably certain.
- Government: The agency through which the State expresses its will and enforces its laws.
- Sovereignty: The supreme power of the State to command obedience inside and to be independent outside. It is the most essential element. Internal sovereignty means supreme power over everyone in the territory. External sovereignty means freedom from control by any other State. Dicey separated legal sovereignty, which lies in Parliament in Britain, from political sovereignty, which lies in the electorate. The Preamble to the Indian Constitution begins with "We, the people of India", and declares India a sovereign republic.
- International law lists the same elements. Article 1 of the Montevideo Convention on the Rights and Duties of States (1933) says that a State should have a permanent population, a defined territory, a government, and the capacity to enter into relations with other States.
State Distinguished from Society, Nation and Government
State compared with society, nation and government
BasisStateCompared with
State and societyA political organisation based on authority and lawSociety is a natural organisation based on social relations
State and nationA legal and political entityA nation is a people united by common culture, language or history. The Kurds are often cited as a nation without a State of their own.
State and governmentPermanentGovernment is the temporary agent of the State. Governments in India change after elections, but the State of India continues.
Functions of the State
Primary and secondary functions
KindFunctions
Primary functionsMaintenance of law and order, protection from external aggression, and administration of justice
Secondary or welfare functionsSocial welfare, economic development, education and health, and regulation of trade and industry
- Modern States perform both kinds of function.
- In India, the welfare function is written into the Constitution. Article 38 directs the State to promote the welfare of the people by securing a social order in which justice, social, economic and political, is present in all institutions of national life. This is found in Part IV, the Directive Principles of State Policy.
Interrelationship Between State and Law
- The State creates, enforces and upholds law. Law gets its authority from the State, and the State works through law. The two depend on each other.
- Austin saw law as the command of the sovereign. For him, the State, through the sovereign, is the source of all law.
- Kelsen said that the State and law are two sides of the same coin. In his Pure Theory, the State is the legal order, and a State without law, or law without a State, is not possible.
- Duguit rejected the idea that the State makes law. He held that the State is only a group of people managing public services, and that law comes from social needs.
- The State is also bound by law. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that even Parliament cannot change the basic structure of the Constitution.
Membership of the State
- Citizenship: Full membership of the State, with civil and political rights. In India, Articles 5 to 11 of the Constitution deal with citizenship at the start of the Constitution, and the Citizenship Act, 1955 deals with it afterwards. Only citizens have certain rights, such as the right to vote and the rights under Article 19.
- Nationality: The legal relationship between an individual and the State. It shows to which State a person belongs in international law.
- Aliens: Non-citizens who owe temporary allegiance and enjoy limited rights. In India, the Foreigners Act, 1946 governed them, and the Immigration and Foreigners Act, 2025 has replaced it.
- Even an alien has some constitutional protection. In Chairman, Railway Board v. Chandrima Das (2000), a Bangladeshi woman was raped by railway employees at a railway guest house in Howrah. The Supreme Court held that the right to life under Article 21 protects foreigners as well, and it awarded her compensation.
Classification of State
States can be classified in several ways, depending on how political power is shared and used. The most practical classification looks at how power is divided between the central authority and the regions. On this basis, States are mainly of two kinds, Unitary and Federal.
Unitary State
- A Unitary State is one in which all political power is in the hands of a single central authority. The central government is supreme. Local authorities exist only because the centre allows them to work.
- Local and regional governments have no independent constitutional status. They exercise only the powers that the centre gives them, and the centre can change or take back those powers at any time.
- Laws and administration are generally uniform and controlled from the centre. This promotes unity, uniformity and strong control, which suits small or similar countries.
- The United Kingdom is the classic example. Parliament is supreme, and local authorities work under powers that Parliament gives them. Scotland and Wales have devolved governments, for example under the Scotland Act 1998, but Parliament remains legally supreme.
Unitary State: merits and demerits
MeritsDemerits
Strong and stable governmentToo much concentration of power
Uniform laws and administrationNeglect of local needs
Quick decisionsPossibility of authoritarianism
Suitable for small countries
A Unitary State puts central supremacy and simple administration first, sometimes at the cost of regional freedom.
Federal State
- A Federal State is one in which power is divided between two or more levels of government. These are usually the central government and the regional governments, such as states or provinces. Each level gets its authority from the Constitution, and not from the other level.
- The centre and the regions are co-ordinate and independent in their own spheres. Neither is legally under the other, and both are bound by the Constitution. Large countries with diverse populations, languages and cultures usually adopt this system. Federalism tries to balance national unity with regional freedom.
- A Federal State has five essentials.
- A written Constitution, so that the powers of the centre and the states are clearly stated and protected.
- A division of powers, usually into union, state and concurrent lists, to avoid conflict. The Seventh Schedule to the Indian Constitution has the Union List, the State List and the Concurrent List.
- Supremacy of the Constitution, so that both the centre and the states act within its limits.
- An independent judiciary, to interpret the Constitution and settle disputes between the centre and the states.
- Dual government, with a central government and state governments, each working in its own sphere.
- India and the United States are federal States, but India is quasi-federal. Article 1 of the Constitution says that "India, that is Bharat, shall be a Union of States". The centre is stronger, especially in an emergency under Article 352 and when it takes over a State government under Article 356. In State of West Bengal v. Union of India (1963), the Supreme Court held that the Constitution is not a compact between independent States, and that the Union has overriding powers. In S.R. Bommai v. Union of India (1994), the Court held that federalism is part of the basic structure of the Constitution, and that the use of Article 356 can be reviewed by the courts.
- In the United States, the Supreme Court settled the balance early. In McCulloch v. Maryland (1819), the Court held that Maryland could not tax a branch of a national bank, because a State cannot tax the instruments of the federal government.
Federal State: merits and demerits
MeritsDemerits
Accommodates regional diversityPossible conflicts between the centre and the states
Prevents concentration of powerSlower decisions
Encourages local self-governmentRisk of break-up if unity is weak
Protects minority interests
A Federal State tries to combine unity with diversity. It allows both national integration and regional self-expression.
Unitary and Federal States Compared
BasisUnitary StateFederal State
PowerAll power is with the centrePower is divided between the centre and the regions
Source of regional powerDelegated by the centreThe Constitution
ConstitutionMay be written or unwrittenWritten and supreme
JudiciaryNeed not settle centre and state disputesIndependent, and settles such disputes
ExamplesUnited KingdomUnited States, India (quasi-federal)
Leading Case Laws
Ajay Hasia v. Khalid Mujib Sehravardi (1981)
FactsA college run by a society, funded and controlled by the government.
Decision and principleIt was an instrumentality of the State under Article 12, so fundamental rights apply against it.
State of Rajasthan v. Vidhyawati (1962)
FactsA government jeep driver killed a pedestrian.
Decision and principleThe State is liable like a private employer. The State is a juristic person.
Chairman, Railway Board v. Chandrima Das (2000)
FactsA foreign national was raped by railway employees.
Decision and principleArticle 21 protects aliens too, and the State must pay compensation.
State of West Bengal v. Union of India (1963)
FactsA State challenged a law that let the Union acquire coal-bearing land.
Decision and principleThe Union has overriding powers. India's federation is not a compact between States.
S.R. Bommai v. Union of India (1994)
FactsSeveral State governments were dismissed under Article 356.
Decision and principleFederalism is part of the basic structure, and Article 356 is subject to judicial review.
McCulloch v. Maryland (1819)
FactsMaryland taxed a branch of the national bank.
Decision and principleA State cannot tax federal instruments. The federal government is supreme in its sphere.
Conclusion
The State is a basic political and legal institution that orderly human life needs. It has developed through many stages and theories to meet changing social needs. In the modern era, the State is more than a law-enforcing authority. It is a welfare institution that aims to secure justice, liberty, equality and social development.
PRACTICE