Telangana TSBIE TS Inter 1st Year Political Science Study Material 2nd Lesson State and Sovereignty Textbook Questions and Answers.
TS Inter 1st Year Political Science Study Material 2nd Lesson State and Sovereignty
Long Answer Questions
Question 1.
Define state and discuss its Essential Features.
Answer:
Introduction :
State is an important political organisation. The study of political science begins and ends with the state. The term state for the first time, was used by an Italian political thinker, Machiavelli in his famous book “The Prince” in 16th century.
Meaning :
The word state is derived from a Tuetonic word “status” which means political organisation.
Definitions:
- “State is a people organised for law within a definite Territory” – Woodrow Wilson.
- “State is a politically organised people of a definite Territory” – Bluntschlli.
- “State is a territorial society divided into government and subjects claiming within its allotted physical area, a supremacy over all other institutions. – Harold. J. Laski.
Essential elements of state :
State is the predominant and superior politico – social institution existing in the society. It consists of 4 essential elements. These elements of state may be explained in a detailed way in the following paragraphs.
1) Population :
Population is the fundamental and essential element of state. There can be no state without population. Plato, Aristotle, Rousseau and others considered this feature as an important one. The famous poet Sri. Gurajada Apparao also states that it is the people, rather than the land, that comprise the state. Political writers differ in their opinions regarding the exact size of population possessed by the state. While Plato fixed 5,040, Rousseau fixed 10,000 to be an ideal population for a state. But today we can find the countries like China and India which have more than 100 crores of population on one hand and the countries like Andora, San Marino are having small number of people on the other hand is the modem world.
2) Territory :
Territory is another essential element of the state. It is necessary for the origin and existence of the state. There can be no state without territory. Every state must have more or less territory of its own. There is no unanimous opinion among the political writers regarding the size of territory of the state. Some preferred vast territory, where as others preferred small territory. But today we can find the countries like America and Canada having large territory on one hand, and the countries like Vatican, Monaco having very less territory on the other hand in the modem world.
3) Government :
Government is the third essential element of the state. There can be ho state without government. State enforces its authority through the government. Government consists of 3 organs namely
Legislature – Which makes laws
Executive – which implements laws and
Judiciary – which interpretes laws.
Government are of different kinds namely, Unitary, Federal, Parliamentary and Presidential governments. Governments are at different levels like Local, State level and National level.
4) Sovereignty :
Sovereignty is the most essential element of the state. It is spirit and soul of the state. There can be no state without sovereignty. It distinguishes the state from other associations and institutions. Sovereignty is the supreme political power of the state over citizens and subjects.
5) International Recognition :
This is another and recent element of the state. In Modem times many nations have grown and many International organizations have come into being. Therefore some scholars have argued that International Recognition has become an essential element of state.
It should also be recognized as a state by other states. Every state requires recognition of other sovereign states. Such recognition is rendered by some International organizations like the united Nations Organisation. The UNO membership is a means for recognising state’s sovereignty. Whenever a new state comes into existence, it’s recognition by other states and by UNO is considered as very essential.
Question 2.
Discuss Monistic theory of Sovereignty.
Answer:
Introduction :
John Austin was a great EngMsh jurist of eighteenth century. He published a famous book ‘Lectures on Jurisprudence’ in 1832. Austin was the chief exponent of the monistic theory or legal theory of sovereignty. He was influenced by the writings of Hobbes and Bentham.
Main features of John Austin’s Theory:
1) It is Determinate :
Sovereignty is a determinate person or a body of persons. The sovereign need not be a single person alone. The state is legal order wherein there must be a determinate authority. This determinate authority acts as the final source of the power.
2) Sovereign receives habitual obedience :
That the determinate human superior receives habitual obedience from the bulk of society. The obedience should come from the bulk of the society, where the habitual obedience from the bulk of the society is not forthcoming there is no sovereign power.
3) Sovereign is indivisible :
That the sovereign power is not divisible. It is a unified one and therefore cannot be divided. There is no limitation on his sovereignty and it cannot be divided.
4) Sovereignty is essential :
Sovereign power is essential to every political society. A non-sovereign society is neither political nor independent.
5) Law is a command :
Law is a command of the sovereign and whatever may be command is Law. Since it is a command, failure to obey law is to be punished.
6) The subjects have no right against the state :
Rights are those which are legally permitted by the sovereign and upheld by him.
Criticism :
Austin’s monisitc absolute theory of sovereignty has been criticized by many writers like A.VDiecy, H.J.Laski, J.C.Gray. Henry maine, Sidgwick are prominent They criticized this theory on the following grounds.
1. It is Unhistorical :
Henry Maine stated there was no historical evidence for Austin’s therory.
2. Opoose Democracy :
Austin’s theory of sovereignty is against the spirit of democracy becasuse it supported the concept of absolute and relentless sovereignty.
3. Indivisibility not real :
According to Austin indivisibility is an important attribute of sovereignty. This seems to be an unsustainable proposition. In every political society there is a division of functions and without such division no government can be conducted successfully.
4. Sovereignty cannot be located :
Sovereignty in the Austinian sense cannot be located in a modem democratic state.
5. State not supreme :
Austin treated the state as the omnipotent and supreme organization. But that is not real. Stae did not poses, such a characteristic feature. There are several agencies, institutions and organizations in the state. State is one among them. State is not the only organization in human society.
6. Customs and traditions ignored :
Austin’s theory failed to recognize the influence and importance of customs and traditions of the people. It stands that the determinate human superior (having sovereignty) could not exercise the administrative affairs without recognizing the various customs and traditions. But it is a known fact that customs and traditions have been influencing the law making process since ancient period.
Conclusion :
Inspite of the above criticism, Austin’s theory is recognized as significance in political science. It has acquired special place in political science and in jurisprudence in a short time.
Question 3.
Discuss pluralistic theory of Sovereignty.
Answer:
Pluralism or pluralistic theory of sovereignty was proposed and popularized as an attack on monism. Elements like democracy, federal spirit, individual freedoms, separation of powers, decentralization of authority etc. are considered as the factors which influenced the proponents of pluralism. This theory finds its origin during the middle age.
Main Principles:
Pluralism comprises the following main principles :
- The state is one of the many organizations in society. It is not the only organization having supremacy. It has no different features, status and significance apart from other organizations.
- The state has not created the society or any organization. The various cultural, economic, religious and political associations were not created by the state. State cannot dissolve the above organizations. It has no such power.
- Society is federal in structure. State too must distribute its powers on the basis of federal principle.
- Sovereignty is not the exclusive possession of the state. The state is not supreme over all other organizations.
- Sovereignty is not absolute, unlimited and unquestionable. It has some internal and external limitations. While the customs and traditions of the people will act as internal limitations, international covenants and agreements will impose some restrictions on the sovereignty of the state.
- Sovereignty is not discretionary in nature. It has to be enforced keeping in view the various constitutional acts and covenants. It will not vest in the state alone.
- It is not correct to say that the commands of the sovereign are laws. Sovereignty has to be exercised keeping in view the customs, traditions and the constitutional provisions.
- Pluralists criticized that Austin’s theory assigned more importance to the state. This may threaten the very origin, existence, survival and progress of the remaining associations in human society. Hence Krabbe and Laski pointed out that it is better to ignore the criticism of sovereignty.
Criticism :
1) Inspite of the above criticism, pluralistic theory of sovereignty is recognized as very important in political science. Similarly the concept of state and Monistic theory of sover-eignty have acquired special place in political science.
Main Principles:
Pluralism comprises the following main principles.
- The state is one of the many organizations in society, it is not the only organization having supremacy. It has no different features, status and significance apart from other organizations.
- The state has not created the society or any organization. The various cultural, economic, religious and political associations were not created by the state. State cannot dissolve the above organizations. It has no, such power.
- Society is federal in structure. State too must distribute its poowers on the basis of federal principle.
- Sovereignty is not the exclusive possession of the state. The state is not supreme over all other organizations.
- Sovereignty is not absolute, unlimited and unquestionable. It has some internal and external limitations. While the customs and traditions of the people will act as internal limitations, international covenants and agreements will impose some restrictions on the sovereignty of the state.
- Sovereignty is not discretionary in nature. It has to be enforced keeping in view the various constitutional acts and covenants. It will not vest in the state alone.
- It is not correct to say that the commands of the sovereign are laws. Sovereignty has to be exercised keeping in view the customs, traditions and the constitutional provisions.
- Pluralists criticized that Austin’s theory assigned more importance to the state. This may threaten the very origin, existence, survival and progress of the remaining associations in human society. Hence Krabbe and Laski pointed out that it is better to ignore the criticism of sovereignty.
Criticism:
- The pluralist’s contention that sovereignty is possessed by all associations along with the state has been condemned by the critics. The critics expressed their apprehension stating that the pluralist’s ideas may lead to the creation of anarchy and instability in the state.
- The pluralist’s asumption of similarity of state and other associations in regard to their aims objectives, and aspirations is not appropriate.
- The plujralist failed to identity the distinction between the community, society and state. There prevails more similarity rather than differences between the state and society. Both the state and society are independent in their sphere. They are more heterogeneous in their nature.
- The critics viewed pluralism as unreal and iihpractical. They felt that it is not possible to achieve coordination between the state and associations.
Conclusion :
Inspite of the above criticism, pluralistic theory of sovereignty is recognized as very important in political science. Similarly, the concept of state and Monistic theory of sovereignty have acquired special place in political science.
Quwstion 4.
What is Sovereignty and explain its Characteristic features.
Answer:
Introduction :
Sovereignty is the most important characteristic of the modem state. Today all the modem states are the nation states. Sovereignty is their main element. The state is distinguished from other associations or institutions only by sovereign power. The state is qualified to exercise its power on account of sovereignty alone.
Definitions :
The word sovereignty has been defined by different writers in different ways. Some definitions are mentioned as follows :
Willoughby :
“Sovereignty is the supreme will of the state”.
Blackstone :
“Sovereignty is the irresistible, absolute, uncontrolled and suthority in which the supreme legal power resides.”
Jean Bodin :
“Sovereignty is the supreme power of the state over citizens and subjects unrestrained by law”.
Characteristics of sovereignty;
The following are the main characteristic of sovereignty :
- Absoluteness
- Universality
- Permanence
- Inalienability
- Indivisibility
- Exclusiveness
1) Absoluteness :
Sovereignty is the absolute power of the state, within the sphere of the state, there is no other power over and above sovereignty. It is subject to no legal limitations within or without. No other state can control the policies and actions of a particular state. If there are certain boundaries or limitations to the sovereignty of state, they are only self imposed. But, the absolute sovereign power of the state is questioned by writers like Maitland raised some objections over this characteristic feature of sovereignty. They stated that the various customs and traditions of the people within the state and international obligations outside of the state will act as limitations on the sovereignty of the state.
2) Universality :
The sovereignty is universal in character. It is applicable to all persons and organizations within the geographical boundaries of a state. The sovereign power makes no exception, and grants, no exemption to any individual or group. However, the state may provide certain safeguards or exemptions to the diplomats because of the need for promoting peace, friendship and goodwill among the nations on reciprocal basis.
Further, the foreign diplomats are subject to the laws of their own state, therefore, the diplomatic personnel, the foreign tourists, and the foreign heads of the states are given certain immunities. We must also note that the state is free to withdraw the privileges extended to these foreign dignitaries.
3) Permanence :
Sovereignty is a permanent feature of a state. Sovereignty continues as long as the state continues in existence. Government may change periodically or frequently, but state will not change because state is permanent and the government is temporary. To quote Gamer, it does not cease with the “death or temporary dispossession of a particular bearer or the reorganization of the state, but shifts from one point of a physical body to another, when it undergoes external change “According to Grilchrist, It is only a personal change in the government not a break in the continuity of the state”.
This is the reason why people in England used to say “The King is dead, long live the King”. It means the Kingship is immortal and the king is mortal.
4) Inalienability :
Sovereignty is inalienable. It cannot be transferred to another state or organization. The obvious reason is that if the sovereign transfers its supreme power, it no longer remains the sovereign. This can be said that state and sovereignty go hand in hand, no state can claim to remain a state if it has parted and alienate its sovereignty. It is like a ‘soul’ that cannot be separated from ‘body’ and vice-versa.
5) Indivisibility :
Sovereignty cannot be divided. It is indivisible. Division of sovereignty amounts to destruction of sovereignty. Each state can have only one supreme will. The concept of divided sovereignty is against to the notion of sovereignty. There will be only one sovereign authority in a slate. All other organizations and institutions remain subordinate to the state.
Short Answer Questions
Question 1.
Explain any four kinds of Sovereignly.
Answer:
Introduction :
Sovereignty is the most important characteric of the modem state. The state is distinguished from other Associations or Institutions only by sovereign power. Definition:
Willoughby :
“Sovereignty is the supreme will of the state”.
Jean Bodin :
“Sovereignty is the supreme power of the state over citizens and subjects unrestrained by law”.
Kinds of Sovereignty :
Sovereignty is classified into several kinds as mentioned below ;
- Nominal sovereignty
- Real sovereignty
- Legal sovereignty
- Political sovereignty
- Popular sovereignty
- Dejure sovereignty
- Defacto sovereignty
1) Nominal sovereignty :
Nominal sovereignty is also known as titular sovereignty. Nomial sovereignty implies possession of sovereign powers only in name. The Queen in Britain, the Emperor of Japan, the President of India etc., are some examples of nominal sovereignty.
2) Real sovereignty :
The real sovereign actually possesses the sovereign power. He discharges such authority on behalf of the nominal sovereign head. Accordingly the nominal soverign person exercises his powers only on the advice of the real sovereign persons or body of persons. The Prime Ministers of England and India etc., are some best examples of this kind of sovereignty.
3) Legal sovereignty :
Legal Sovereignty denotes the supremacy in terms of formal law. Only the legal sovereign is competent to issue the highest orders. It transcends even the divine law or the normal laws and the public opinion. The court of law recognizes only the legal sovereign and accepts its orders. The best example of legal sovereign is the king- in-parliament in England. The legal sovereignty is definite, deliberate, decisive and precisely known. The president of India is also an example of legal sovereignty.
4) Political sovereignty :
Behind the legal sovereignty there is the political sovereignty. In a democratic state while the legal sovereign is the supreme law making power; there is behind it another sovereign whose will is the ultimate and final source of authority. Gamer observes: “Behind the legal sovereign, however, is another power, legally unknown, unorganized, and incapable of expressing the will of the state in the form of legal command, yet with a power to those mandates the legal sovereign will in practice bow and whose will must ultimately prevail in the state.
5) Popular sovereignty :
The concept of popular sovereignty is different from that of political sovereignty. It means that sovereignty ultimately resides in the people. The doctrine of popular sovereignty is the product of the sixteenth and seventeenth centuries. It emerged as an expression of resentment of the people against the despotic authority of the kings and their reliance on the theory of Divine Right. Popular sovereignty attributes ultimate sovereignty to the people. This theory, first hinted by the John Locke, was later expounded by Rousseau and it becomes the slogan of the French Revolution.
6) Dejure sovereignty :
The term ‘De Jure’ denotes authority exercised according to law. De Jure sovereignty is the power possessed and exercised by a legally competent authority. It issues orders and enjoys command overall persons, institutions and organizations in the state. The Queen in Britain and the President in India are some examples of the De Jure sovereignty.
7) De facto sovereignty :
The French term ‘De facto’ implies ‘real’. De facto sovereign is a person or a body of persons who exercise such authority in the last resort and at the final stage. De facto sovereign may not be a legal sovereign. His authority is based not on law but on physical force. De facto sovereign may be a king, dictator or religious priest.
Question 2.
Explain the difference between State and Government.
Answer:
State | Government |
1. State is broader. It consists of all the people. | 1. Government is narrower. It is a body of few citizens. |
2. State is permanent. | 2. But Government is transitory. Government keeps on changing. For ex: In India NDA at the national level has been replaced by the UPA. |
3. State has sovereign power. | 3. Government does not have sovereignty. But, Governments exercise the sovereign power in the name of state. |
4. All states are universal and similar in nature and characteristics. | 4. Government differs from state to state depending upon the wishes of the people or the constitutions of the respective states. For ex : Parliamentary, Presidential Govt etc. |
5. Loyalty of the citizens to their state is compulsory. | 5. In a democracy, people have the right to critize the acts of omission and commission of the Government. |
6. State is a whole. It consists of four essential elements like population, territory, government and sovereignty. | 6. Government is one of the four elements of the state. Hence, it is the part and parcel of the state. |
7. The state is master; it can place and replace the governments according to their efficiency and popularity. | 7. The status of the government in relation to the state is that of a master and servant. The survival of the Government depends on the pleasure of the state. |
8. Membership of the State is Compulsory. No one is exempted from its membership. | 8. Membership of the Government is not compulsory. ‘It depends upon the will of the person concerned to become the member of the Government or not. |
Question 3.
What are the differences between State and Association?
Answer:
State | Association |
1. The state is permanent. | 1. Associations are temporary. |
2. The state has sovereign power. | 2. Associations cannot have sovereignty. |
3. The state has fixed boundaries. No state is universal or world-wide. | 3. The associations cannot have fixed territorial boundaries. Some associations are international and universal in character. Ex: U.N.O., Red cross Society, The Lions International etc. |
4. The membership of state is compulsory. Every citizen naturally becomes the member of the state. | 4. But the membership of an association is optional. It depends on the will and wish of the people. |
5. A man can become a member of one state only at a time. | 5. But they can be member of any number as associations as he desires. |
6. The state makes the laws, violation of which is visited by punishment. | 6. The associations cannot make laws, but makes their own rules and regulations. |
7. The aim of state is broader. | 7. The aim of the Associations is limited. |
8. The state is superior to all associations. | 8. May associations in a state which live and depend on the mercy and pleasure of the state. |
Question 4.
Explain John Anstin’s theory of sovereignty.
Answer:
Introduction :
John Austin was a great English jurist of eighteenth century. He published a famous book ‘Lectures on Jurisprudence’ in 1832. Austin was the chief exponent of the monistic theory or legal theory of sovereignty. He was influenced by the writings of Hobbes and Bentham.
Main features of John Austin’s Theory :
1) It is Determinate :
Sovereignty is a determinate person or a body of persons. The sovereign need not be a single person alone. The state is legal order wherein there must be a determinate authority. This determinate authority acts as the final source of the power.
2) Sovereign receives habitual obedience :
That the determinate human superior receives habitual obedience from the bulk of society. The obedience should come from the bulk of the society, where the habitual obedience from the bulk of the society is not forthcoming there is no sovereign power.
3) Sovereign is indivisible :
That the sovereign power is not divisible. It is a unified one and therefore cannot be divided. There is no limitation on his sovereignty and it cannot be divided.
4) Sovereignty is essential :
Sovereign power is essential to every political society. A non-sovereign society is neither political nor independent.
5) Law is a command :
Law is a command of the sovereign and whatever may be com-mand is Law. Since it is a command, failure to obey law is to be punished.
6) The subjects have no right against the state :
Rights are those which are legally permitted by the sovereign and upheld by him.
Question 5.
Explain pluralistic theory of Sovereignty.
Answer:
Pluralism or pluralistic theory of sovereignty was proposed and popularized as an attack on John Austin’s monism. Von Gierke, Maitland, Ernest Barker, H.J. Laski, G.D.H cole, Maciver and others have proposed and popularized the theory.
Main principles :
Pluralism comprises the following main principles :
- The state is one of the many organizations in society. It is not the only organization having supremacy. It has no different features, status and significance apart from other organizations.
- The state has not created the society or any organization. The various cultural, economic, religious and political associations were not created by the state. State cannot dissolve the above organizations. It has no such power.
- Society is federal in structure. State too must distribute its powers on the basis of federal principle.
- Sovereignty is not the exclusive possession of the state. The state is not supreme over all other organizations.
- Sovereignty is not absolute, unlimited and unquestionable. It has some internal and external limitations. While the customs and traditions of the people will act as internal limitations, international covenants and agreements will impose some restrictions on the sovereignty of the state.
- Sovereignty is not discretionary in nature. It has to be enforced keeping in view the various constitutional acts and covenants. It will not vest in the state alone.
- It is not correct to say that the commands of the sovereign are laws. Sovereignty has to be exercised keeping in view the customs, traditions and the constitutional provisions.
- Pluralists criticized that Austin’s theory assigned more importance to the state. This may threaten the very origin, existence, survival and progress of the remaining associations in human society. Hence Krabbe and Laski pointed out that it is better to ignore the criticism of sovereignty.
Question 6.
What are the differences between State and Society?
Answer:
State | Society |
1. State is political organization. | 1. Society is a social organization |
2. Whereas the state has its own fixed territory and limits. | 2. Society does not have definite territorial boundaries. |
3. The state has a definite Government. | 3. Society does not have any legal and prescribed organization. |
4. State possesses the power of compulsion. Disobedience to its laws is followed by punishment. | 4. Society does not enjoy the power compulsion. Disobedience to its principles is not followed by any physical punishment. |
5. State alone has sovereignty. It operates through the instruments of compulsion and coercion. It uses force to implement its laws and policies. | 5. Society does not possess sovereignty. It is supported by social customs, conventions and morality. It has no coercive power. |
6. State is not a natural organization. It is an artificial institution. Its membership is compulsory for individuals. | 6. Society is a voluntary and natural organization. Individuals acquire its membership on discretionary basis. |
7. State derives its strength mainly from laws and the constitution. | 7. Society derives its strength from customs, conventions and traditions. |
8. State regulates only the external relation of men in society. State formulates rules in this regard. | 8. Society controls both internal and external activities of the individual. Society regulates all forms of social conduct. |
9. The laws and rules of state are definite and clear. They are made by the legislature. | 9. The rules of the society are not so clear. They are generally ambiguous and vague. They are based on customs and conventions. |
Very Short Answer Questions
Question 1.
What is State?
Answer:
The term ‘State is comparatively modem. To the Greeks the term was not known. They used the word ‘Polis’ which we translate, as ‘City State’. Ancient Romans used the word ‘Civitas’ for State. After the disintegration of the great Roman Empire towards the end of the fifth century, the Teutonic tribes established their principalities and they used the word ‘Status’ from which the English word ‘State’ is derived. Thus the word Status is a Teutonic word. The exact meaning of the status is society.
Question 2.
What is Government?
Answer:
Government :
Government is the third essential element of the state. There can be no state without government. State enforces its authority through the government. Government consists of 3 organs namely
Legislature – which makes laws
Executive – which implements laws and
Judiciary – which interpretes laws.
Question 3.
What is Society?
Answer:
Society :
Society is a group of men brought together by a system of common ideas, interests and aspirations.
Question 4.
Monistic theory of Sovereignty.
Answer:
“Monistic theory of sovereignty was advocated by John Austin, an eminent British Jurist in his famous book” Lectures on Juris prudence in 1832. According to John Austin Sovereignty is a determinate person. This determinate Authority acts as the final source of the power. The determinate human superior receives habitual obedience from the bulk of society. The sovereign power is not divisible. It is a unified one and therefore cannot be divided. There is no limitation on his sovereignty and it cannnot be divided.
Question 5.
Pluralistic theory of Sovereignty.
Answer:
Pluralism opposes Austin’s theory of sovereignty. It says state’s sovereignty is not absolute. State is also an Association and the individual is benefited by many Associations. Pluralists want decentralisation of authority and limited functions of the state. Sovereignty is divisible and it is not the source of law. Von Gierke, H.I. Laski, Ernest barker, Maciver, G.D.H cole, Maitland were the exponents of pluralism.
Question 6.
Internal Sovereignty.
Answer:
Internally sovereign has supremacy over all other institutions and associations within Territoraial limits of that state. It also implies that sovereign power is above all laws in the state. All Liberties and Rights of Individuals in the state are only due to sovereign.
Question 7.
External Sovereignty.
Answer:
External sovereignty means freedom from external control and obligations and that in the International field the state is autonomous and has an independent voice. Each state is independent of other state. Any other state does not reserve any right to interfere with the external matter of an independent state. External sovereignty means National Freedom.
Question 8.
‘De – jure’ Sovereignty.
Answer:
The term ‘De – Jure’ denotes authority exercised according to law. Dejure sovereign is the power possessed and exercised by a legally competent authority. It issues orders and enjoys command over all persons, institutions and organisations. In the state. The Queen in Britain and the president in India are examples of the De-Jure sovereignty.
Question 9.
‘De-facto sovereignty.
Answer:
The French term ‘DeFacto’ implies ‘Real’. A de-facto sovereign is a person or a body of persons who exercise such authority in the last resort and at the final stage, Defacto sovereign may not be a legal sovereign. His authority is based not on law but on physical force. DeFacto sovereign may be a king. Dictator or Religious priest.